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(영문) 서울중앙지방법원 2018.11.08 2018고단5723
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 7, 2018, at around 18:39, the Defendant taken photographs of the body of the victim who might cause sexual humiliation or shame of the victim’s name by using a mechanical device with a camera function, using a camera function, located within the city bus B located in Seoul, using the camera function inside the cell phone owned by the Defendant, against his/her will.

2. On the same day, the Defendant posted and displayed a photograph taken in “C” on the same day by posting it publicly.

In addition, from October 2017 to March 7, 2018, the Defendant taken a specific body part, such as the victim’s bridge part, over a total of 18 times from around October 2017 to around March 7, 2018, and displayed the photograph on the victim’s body against his/her will that may cause sexual humiliation or shame by using a mechanical device with a camera function, and displayed the photograph to the “C” and openly display it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the closure of a person under internal investigation and the closure of the date of entrance shall be attached);

1. A report on internal investigation (to attach a photographic data posted by the person under internal investigation to the closure of the internal investigation);

1. Investigative report (Details of suspect interrogation protocol and list of crimes);

1. Application of Acts and subordinate statutes to a report of investigation (additional victims and currencies);

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 Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using, photographing, photographing, and displaying photographs, such as cameras) and the selection

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 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 a notification order, 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, family relationship, occupation and social relationship, and criminal record, and record.

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