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Reasons
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(영문) 서울남부지방법원 2017.11.10 2017고단3647
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

Criminal facts

1. Around March 30, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc.) due to taking camera photographs, taken visual images of the victim’s bridge surface on the top of the D Bank located in Gangnam-gu Seoul, with his/her short flaba and the name in which he/she was found to have a flab (e.g., the age in flab).

From October 2016 to March 30, 2017, the Defendant taken Handphones (Evidence No. 1) or camping cams on the bridge of the victims who suffered less time than 27 times in total, as described in the list of crimes in the attached Form.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a camera or other similar mechanism.

2. Around April 7, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to Display of Camerass (use and photographing of cameras, etc.) set up two times in the first floor FPC room of the apartment of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, Seoul, the body videos of the victims taken in the same manner as above in the crime inundation No. 20, 27 and 27.

As a result, the Defendant displayed images of another person’s body, which may cause sexual humiliation or shame, openly, using a camera or other similar mechanism.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Police investigation report (a CD copy as a result of evidence analysis) and video images;

1. One (No. 1), three (No. 2) (No. 3) (No. 3) (No. 2), camping cam (No. 3) (No. 3), one (No. 3) (No. 2) (No. 3) with seized Handphones (TT800 QH)

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details on which the defendant posted a photograph on the website;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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