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(영문) 서울중앙지방법원 2020.02.12 2019고단8041
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 22:00 on June 8, 2019, the Defendant: (a) posted the top-down escalator in subway No. 7 Station B located in Dongjak-gu Seoul Metropolitan Government on a name-free female victim’s name; (b) putting his mobile phone into the lower part of the said victim’s body; and (c) taken a video image of the victim’s body part in the cell phone for about 3:41 seconds by using the cell phone camera function.

2. On June 8, 2019, at around 23:00, the Defendant taken his mobile phone, spanty, off, and panty throde from the toilets for public use of both men and women at Dongjak-gu Seoul, Seoul and the frequency 1st century, for about 37 seconds later, the Defendant taken his cell phone, panty, and the victim D (the name, female, 27 years old) who was melting, and in the same manner taken the throde image of 37 female victims in the same manner at the same place.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D (tentative name) and E (tentative name);

1. Records of seizure and the list of seizure;

1. Investigation report (the results of checking the crime victim video according to a report on the results of analysis of digital evidence), investigation report (the review of reproduction of cellphone images);

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to photographs by field photographs and closures;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Probation Crimes;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a method of photographing the Defendant’s cryp of the body of the damaged women in the subway station one screen image, and photographing the image of the damaged women in the toilet with a screen image.

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