logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.20 2018고단7044
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is at all not aware of the victim (or 26 years of age).

1. Around July 5, 2018, the Defendant, on violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), followed the victim who is going up to the exit of subway 2 lines D and 3 lines in Jung-gu Seoul, Jung-gu, Seoul, from an escalator, who was going up to the exit of the exit of subway 2 lines D and 3 lines in Jung-gu, Jung-gu, Seoul, followed the victim, and followed the victim, who was going up to its location, then the Defendant’s LG G4 mobile phone camera shooting function and the photographing sound of the Defendant’s LG GG G4 cell camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. At around 00:20 on July 5, 2018, the Defendant: (a) was exposed to the victim of the victim, she returned to the victim while photographing the video as described in the foregoing paragraph 1; (b) however, the victim was exposed to the Defendant’s abundance with the Defendant’s abundance and going back to the lower court’s ground; (c) then, the victim committed assault against the victim by putting the chest part of the victim’s chest part over the upper bottom by pushing the Defendant’s chest part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Police seizure records and list of seizure;

1. The screen of the screen of a video closure;

1. Application of Acts and subordinate statutes governing crime scene photographs;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 260 (1) (a point of use of a camera, etc.), Article 260 (1) of the Criminal Act (a point of use of violence),

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to disclose, notify, and restrict employment.

arrow