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(영문) 수원지방법원 성남지원 2013.09.30 2013고단1890
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. Around July 2012, the Defendant: (a) around July 2012, at a public toilet near the mutual influorial head office in Seoul Yangdong, the Defendant taken the body of another person, which may cause sexual humiliation or sense of shame, by photographing two women in distress using mobile phones; and (b) distributed it by posting it on the Internet site, in a manner of photographing the body of another person, who might cause sexual humiliation or sense of shame.

2. On February 20, 2013, around February 20, 2013, the Defendant: (a) taken the appearance of a woman under the name in the same manner as that of paragraph (1) within the toilets of the first floor of the mutual incomponivity in Sungnam-dong, Sungnam-gu; (b) taken the body of another person, who may cause sexual humiliation or sense of shame, against his/her will; and (c) distributed it by posting it on the Internet website.

3. On March 2, 2013, around March 2, 2013, the Defendant: (a) taken the appearance of female under whose name the Defendant, in the same manner as the above paragraph 1, on the one hand, in a toilet for the first floor of the mutual influence in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) taken the body of another person, who may cause sexual humiliation or sense of shame, against his/her will; and (c) distributed it by posting it on the Internet website.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and investigation reports;

1. Application of each photograph, CD-related statute;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of imprisonment with prison labor, respectively,

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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