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(영문) 서울서부지방법원 2017.09.15 2016고단4018
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant, at around 17:34 October 15, 2016, in D stations located in Jongno-gu Seoul, Jongno-gu, Seoul, in which it is impossible to identify a woman’s flag’s name on which he/she is getting on or off an escalators, taken A8 mobile phones at the gallon of the Defendant, from that time to November 14, 2016, as shown in the list of crimes attached hereto, from that time, until November 16:41, 2016: Provided, That “two persons” in No. 38 per year are “one person.”

In total 47 times, the bridges of women who cannot know their names were taken.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using mobile phone cameras against their will.

2. On May 19, 2017, at around 08:53, the Defendant: (a) taken the body of the victim, such as buckbucks, etc. using the victim’s bucking function, in the part below the flaps of the female victim (to wear a short flain pattern) who was prior to the departure of the subway No. 9 line F. 5 lines located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the Defendant stored smartphones in the front part; and (b) taken the body of the victim, such as buckbucks.

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

Summary of Evidence

[Judgment No. 1-C. 2016 High Order No. 4018]

1. Statement by the defendant in court;

1. G statements;

1. Records of seizure (Seoul Western District Prosecutors' Office No. 2343, 2016);

1. Each video product (the facts in the judgment of the court below (the facts in the case No. 2017 Highest 1640));

1. Statement by the defendant in court;

1. Records of seizure (Seoul Central District Prosecutors' Office No. 3449, 2017);

1. Application of video Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

5. Protection observation.

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