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(영문) 서울중앙지방법원 2018.09.07 2018고단3300
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

On March 21, 2017, the defendant's crime was committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.).

Reasons

Punishment of the crime

[Criminal record] On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for six months as a compulsory indecent act committed by the same court, and the sentence became final and conclusive on April 28, 2017.

[Criminal facts]

1. Around March 21, 2017, the Defendant took photographs of the victim’s body against his/her will, using his/her cell phone camera, etc. to photograph the parts of the body of the victim, which might cause sexual humiliation or sense of shame, by photographing the parts of the body of the victim, such as bucks, etc., in the vicinity of the victim’s cell phone camera in the bus passing around 07:34,00, in order to induce sexual humiliation or sense of shame.

In addition, the Defendant taken photographs against his will the body of the victims who could cause sexual humiliation or shame on four occasions from March 21, 2017 to May 2, 2018, such as the list of crimes committed in the attached Table.

2. The Defendant, obscenity, was seated in a stop in the E bus that passed around 16:38 on May 21, 2018.

By cutting F (F, 23 years old), one's sexual organ was cut from the booming point of his own sexual organ, and then was shakend nextly.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (victim evidence files);

1. Photographs and video CDs (net 11);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 245 of the Criminal Act, and the choice of imprisonment with labor, respectively, for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes (referring to the use and photographing of cameras, etc. on March 21, 2017);

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. An order for disclosure and notification;

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