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(영문) 서울북부지방법원 2017.11.30 2017고단3219
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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 around 16:43 on May 8, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) the victim F (V) who suffers from bucks and flaps of the victim F (V, 29 years old), who was walking stairs using a mobile phone image recording function in the subway No. 4 line E-ray No. 44 in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, using the cell phone image recording function owned by the Defendant, during the same year, from around April 14, 2017 to around the same year as indicated in the list of crimes in the annexed crimes, such as shooting of bucks and flaps.

5. By August 5, 200, the motion picture taken by the damaged women in a 27-time manner as above.

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.

2. Around May 8, 2017, around 16:43, the Defendant, who suffered injury, escaped from the stairs of subway No. 4 line E, the subway Police Station of the Seoul National Police Agency, and attempted to arrest the Defendant as the current offender, because the above crime was discovered to G (36 tax) from the subway No. 4 line E, the subway No. 4, located in Gangnam-gu Seoul National Police Agency, and attempted to arrest the Defendant as the current offender.

When the defendant prevented the victim from putting his own eye and dancing and escape, the defendant spawned it, resisted the arrest, fighted on the body, fighted the victim over the ground floor, and laid the victim above the ground floor, the defendant laid down the foundation of the original body No. 4 weeks on the left-hand side of the victim requiring approximately four weeks medical treatment.

As a result, the defendant interfered with legitimate execution of duties by police officers against arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Egrespondic photographs of a shotosic video data;

1. A medical certificate;

1. Storage CDs of video data in a person under his/her own photograph;

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 under the relevant provisions of the Act on Criminal Crimes (Kameras, etc.);

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