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(영문) 서울남부지방법원 2017.02.15 2016고단5667
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On May 25, 2016, the Defendant: “EPC room located under the ground of the Gangseo-gu Seoul Metropolitan Government D Building” (hereinafter “EPC room”) used a two-face tape to install an USB-type small camera at the toilet at its location; attached an USB-type camera at a video tape; attached a video camera at a video camera; and recorded a picture picture with two female women using the above toilet; and one male gate at a point of convenience; and as indicated in the list of crimes in the attached Table, from around 2014 to June 2016, the Defendant used the USB-type small camera at the end of 44 times in total; using the Defendant’s mobile phone function as a camera installed in the Defendant’s cell phone, taken the urine image from the toilet to the victims; or taken the fluor-type or the fluor- image bridge of the victims by fasting the victims at the bus stop, bus stop, convenience store.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A written statement;

1. Application of Acts and subordinate statutes on site photographs and closure photographs of dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The Defendant, for reasons of sentencing under Article 48(1)1 of the Criminal Act, has taken pictures of another person’s body using a mobile phone for a considerable period of time, such as photographing another person’s body or attaching USB-type small cameras to public toilets.

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