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(영문) 서울중앙지방법원 2019.05.15 2019고단376
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

1. On April 18, 2018, at around 18:30 on April 18, 2018, the Defendant taken pictures using the Defendant’s cell phone function in the c “C” toilets located in Gwanak-gu, Seoul Special Metropolitan City (S9, taking pictures of the sexual part of the male victim’s sexual part of the sexual part of the sexual part of the male victim in the name unexplosion who was reported in the urinalgal flag, from April 18, 2018 to August 12, 2018, by the same method as in the list of crimes in attached Form 25 times in total.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On August 12, 2018, at around 21:05, the Defendant tried to photograph the appearance of the victim F, which had been placed adjacent partitions, by using the camera function installed in the mobile phone (S9, trigal gallon) of the Defendant at the second male toilet of Yongsan-gu Seoul, Yongsan-gu in Yongsan-gu, Seoul, to view the use of the victim F, who had been placed adjacent partitions, but was exposed to the victim and attempted to commit the crime.

As a result, the Defendant tried to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism. However, he attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Evidential dynamics of a photograph by capturing the evidence;

1. Evidence video CDs;

1. Application of the Acts and subordinate statutes to photograph files CDs by crime sight chart;

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 with prison labor, etc.

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. The punishment, etc. of sexual assault crimes;

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