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(영문) 서울북부지방법원 2018.05.24 2018고단744
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant: (a) placed smartphones ( Q) owned by the Defendant on the part of the victim’s body, under which the victim’s body cannot be identified in the “S convenience store” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (b) screened the victim’s body more than 12 times in total, as shown in the attached Table 1 list of crimes committed.

Accordingly, the defendant taken the body of victims who could cause sexual humiliation or shame with smartphones against their will.

2. On September 2017, at the Defendant’s residence located in the Dobong-gu Seoul Metropolitan Government T building and U, the Defendant opened a Brog in the Internet V “W”. Around September 2017, the Defendant posted a video on the website containing the victim’s tag form, as described in paragraph 1 at the time of the day indicated in paragraph 1, via a grog, and posted it on the website via a total of seven times as shown in the attached list 2 of the daily list of crimes.

Accordingly, the Defendant displayed openly photographs taken of the body of the victims who might cause sexual humiliation or shame against the will of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against X;

1. Written reply to a request for appraisal, and a suspect A list of crimes;

1. A protocol of seizure and a list of seizure;

1. Application of WY search results to CDs, Appellants’ proof, CDs’ smartphonephones’ restoration, CDs’ evidence pictures related to crime sights, WY search results, to the statute of the Republic of Korea

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

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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

1. An order of disclosure and notification;

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