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(영문) 서울동부지방법원 2015.09.11 2015고단2116
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 15:55 on May 10, 2015, the Defendant: (a) placed in the elevator of the D apartment apartment unit in Gangdong-gu Seoul Metropolitan Government; (b) taken the body of the victim after the victim C (at the age of 56), and taken the body of the victim’s body in a cell camera with the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame due to mobile phone camera, against his will.

2. On May 20, 2015, the Defendant: (a) around 10:56, on May 20, 2015, took pictures of a female victim’s name incomponion from the bus stops located in Gangdong-gu Seoul, Gangdong-gu, Seoul, followed by a female victim’s name incomponion; and (b) the victim’s body flamere was exposed to

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame due to mobile phone camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing video photographs, seized objects photographs, criminal video CDs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The crime of this case on the grounds of sentencing under Article 48(1) of the Criminal Act is punishable by imprisonment with prison labor in consideration of the following: (a) the crime of this case is committed on the grounds of imprisonment with prison labor for six months, due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Indecent Acts at Open Place) in 2001.

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