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(영문) 서울북부지방법원 2017.05.11 2017고단887
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant: (a) at the male toilet located outside the main point of “C” located between the 1st floor and the 2nd floor stairs located in Jung-gu Seoul, Jung-gu, Seoul; (b) taken a video recording of the body of the victim D (the age of 31) using the camera function; and (c) took the image of the body of the victim from July 28, 2016 to November 11, 2016; and (d) based on the results of the examination of evidence in the attached list of crimes, it is apparent that each of the charges Nos. 5 through 7, prepared by the Prosecutor, stated that the Defendant taken three times a video recording of the body of the Defendant once. Thus, it is recognized by modifying the list of crimes.

In the 8 times as described, the image of the damaged women and the spathic image were taken in the spathic image.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss of victims and women;

1. The CDs of the video files of this case and of the video pictures of fluorries;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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 Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism)

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