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(영문) 수원지방법원 성남지원 2019.04.30 2019고단397
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two 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, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

1. On around 2015, the Defendant taken photographs of all women, such as a camera, on three occasions from the date of taking advantage of the Defendant’s gallonization function of smartphone 2 smartphones, taking advantage of the Defendant’s gallonization function, taking pictures of a short ballon, including taking a ballon part of a female who suffered a short thalthma, up to the date of taking pictures from that to the date of January 2016.

2. On January 10, 2017, at around 11:48, the Defendant displayed a photograph taken by the Defendant three times in total, as shown in the list of crimes in the attached Form, at the Defendant’s residence located in the branch of G apartment in the G apartment in Sung-gu, Sung-nam-si, G, the Gyeonggi-si, as indicated in paragraph (1), as “E”, on the Internet site, and thereafter up to March 3:22, 2017.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame against their will, and displayed them openly.

Summary of Evidence

1. Defendant's legal statement;

1. Evidentiary materials posted on a DNA website (the investigative records, 228 pages, 252-254 pages, 256 pages);

1. Application of Acts and subordinate statutes to report internal investigation (the method of certifying members of a DNA membership and specific circumstances for suspects);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the same Act (a) of the

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course;

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