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(영문) 서울서부지방법원 2018.05.23 2018고단620
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 23, 2017 to December 1, 2017, at around 03:21, the Defendant taken pictures of the victim E (the age 19)’s body parts such as bucks, etc. using a cell phone with a mobile phone with a bucker function in Mapo-gu Seoul Metropolitan Government, such as bucks, on which the victim reported bucks, etc. in the upper part of the bucks of the victim E (the age 19) at the location of the bucks, etc. using a cell phone with a mobile phone with a bucker function, and taken the bucks, etc. of the victims from around 11:03 to December 21, 2017 to around 03:21, 2017.

Accordingly, the defendant taken nine times against his will another person's body, which could cause sexual humiliation or shame by using a camera or other devices with similar functions.

2. Around December 1, 2017, around 03:21, the Defendant intruded a structure that is managed by the injured party by entering the structure in front of a female toilet that manages the victim’s name and influence of “D” located in Mapo-gu Seoul Metropolitan Government, for the purpose of photographing a woman’s body, such as the description in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Investigation report (Analysis of images of crimes committed by suspect and female toilets);

1. Application of Acts and subordinate statutes governing list of crimes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a point of use and photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a point of intrusion on buildings) of the Criminal Act

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. The victims have several reasons for sentencing under Article 48(1)1 of the Criminal Act.

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