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(영문) 서울중앙지방법원 2015.02.25 2014고단10071
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 8, 2014, around 04:05 on June 8, 2014, the Defendant, at around 04:05, took pictures of the victim 1 male images and photographs using a cell phone camera with the cell phone camera in which the victim 1 was sent a shower between the outside walls of the studio building located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter referred to as “victim 1”) and the outside walls of the studio building, which is located in the residence of the victim 1.

2. On July 11, 2014, around 23:57 on July 11, 2014, the Defendant: (a) displayed the victim’s 2 through the window of the victim’s 2 (n) and the victim’s 3 (ageless) residence in Gwanak-gu in Seoul Special Metropolitan City; and (b) taken the victim’s 3 bridge side of the known body as the victim’s dynamic image and photograph.

3. Around July 13, 2014, around 23:55 on July 13, 2014, the Defendant: (a) taken the victim 4(s) and the victim 5(s) in Gwanak-gu in Seoul Special Metropolitan City, with her face-to-faced by her body with her face-to-face her face-to-face her face-to-face her face-to-face her face.

Accordingly, the defendant taken the body parts of the victims against the victims' will that could cause sexual humiliation or shame on three occasions by using carmeras.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim1;

1. A statement of the victim;

1. Police seizure records;

1. On-site photographs;

1. CCTV screens and CCTV images;

1. Application of the Acts and subordinate statutes concerning photographs, restored videos, and photographs;

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

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. Probation, orders to provide community service and attend lectures, Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, each of the crimes in this case shall be protected as the most private space.

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