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(영문) 서울동부지방법원 2016.09.02 2016고단1972
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a worker of the “C” coffee specialty store located in Gangdong-gu Seoul Metropolitan Government.

1. On January 2016, the Defendant taken a photograph of the female victim’s studio 2nd female toilets at the above coffee specialty, citing smartphones with the upper part of the Kamera onto the upper part of the Kamera, to view the studio of the female victim.

2. On January 2016, the Defendant taken a photograph of the female victim’s appearance in his/her name in the above-mentioned method in a lower-ranking female toilet.

3. On March 20, 2016, the Defendant, at the above female toilets around 12:25, taken video images in which the victim D (the victim, the name, the age of 28) is deemed to change by the aforementioned method.

Accordingly, the defendant taken the body of another person, which may cause sexual humiliation or shame, over three times in total, against his will, by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on site photographs and photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 (General Considerations favorable to the reasons for sentencing as follows);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Unfavorable circumstances under Article 48(1) of the Confiscation Criminal Act: The defendant, along with his wife, taken a photograph of a guest who suffered a short stude on his substantially operated coffee specialty by him depending on the toilet, and the nature of the crime is pleasureing in light of the motive and method of the crime. The frequency of taking pictures is also several times, and the degree of exposure is more favorable: the defendant would not repeat the crime against his mistake. The defendant is not taken for the purpose of spreading.

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