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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1324
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or any similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the photographs thereof.

Nevertheless, around January 9, 2015, the Defendant: (a) taken pictures of victims against the victim’s will against the victim’s body against the victim’s will in total nine times from the end of December 2014 to January 9, 2015; (b) taken pictures of the victim’s body against the victim’s body against the victim’s will, by using the victim’s residence in Gangnam-gu Seoul Metropolitan Government Dtel 305; and (c) installed a smartphone with the camera function inside the victim’s front contact with the victim, and tried to take pictures of the victim’s body against the victim’s will by using the previous smartphone E; and (d) took pictures of the victim’s body against the victim’s name from January 2015 to January 9, 2015, but did not cause any damage to the victim’s body by the aforementioned method.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Responses to the results of digital evidence analysis;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of returned video images);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Special cases concerning the punishment, etc. of sexual crimes committed against community service or attending lectures;

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