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(영문) 서울중앙지방법원 2019.05.31 2019고단1163
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 against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, at around 21:19 on December 5, 2018, the Defendant, in the male toilets of subway 3 subway lines located in Jung-gu Seoul, Jung-gu, Seoul, in the history of subway C, taken pictures of the male toilets of the victim D (Nam, 30 years of age) using his smartphones' camera functions to show the victim's sexual organ and to consider the side of the victim's sexual organ in the front space. From October 1, 2018 to the above date, the Defendant taken pictures of male toilets or shower rooms in the same manner as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken 23 times against his will the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (verification of illegal photographing files from seized objects);

1. A report of investigation (a list of suspects' crimes);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment, etc. concerning criminal facts;

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

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 48(1)1 of the Criminal Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning

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