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(영문) 서울중앙지방법원 2019.05.10 2018고단7161
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The Defendant is a person who operates an APP Institute with the trade name of “C” in Gangnam-gu Seoul Metropolitan Government.

1. On April 10, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims D (Age 34) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as “C”), taken pictures of the victim D’s knivem and knive part of knives using knives of cellular phone (Evidence 1) using knives of knives and knives of knives of the victim D with knives of knives.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. Crimes against victims E (V, 25 years old);

A. On June 1, 2018, the Defendant, at around 11:25, 2018, had the victim E, who visited a private teaching institute registered at the said “C” sports center, take the victim E with a water-saving flag, and let the victim take a bridge on the wall, and her knife with the victim’s knife with his/her own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes), took pictures of the victim E, using a cellular phone (Evidence No. 1) function, where the victim E, who was exposed to panty, takes a panty tree by suffering a short half at the same time and place as that set forth in the preceding paragraph.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

【Each fact described in paragraphs 1 and 2-B at the Time of Sales】

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and D;

1. Certificates of cell phone photographs taken by the suspect;

1. One telephone X (No. 1) seized (a certificate No. 2 on the market);

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions concerning facts constituting an offense and the punishment, etc. of each old sexual crime;

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