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(영문) 의정부지방법원 2019.01.25 2018고단5012
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is between the victim B (a person) and C, and the victim D (a person under family name) is friendly.

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. Crimes against the victim B;

A. On August 25, 2015, around 15:13, the Defendant taken the body part of the victim B (V, 35 years old), who was melting the Defendant’s cell phone, using a cell phone with a camera function, against the victim’s will.

B. On April 28, 2016, the Defendant, at the office of the above “C” company around 17:28, taken the parts of the body part of the victim’s body part of the body part of the victim’s body part of the body part of the body part of the victim against the victim’s will using a cell phone with a camera function, and taken the body part of the victim’s body part of the body part of the victim’s body part of the body part of the victim’s body part of the victim’s body part of the victim’s body part of the body part of the victim’s body part of the victim’s body part of the victim’s body part of the victim’

2. On November 20, 2018, the Defendant, at the first floor toilet of the F building in Yangju-si, taken the body parts of the victim D (the age of 48) with cellular phone with the Defendant’s own seat, against the victim’s will, around November 20, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. G statements;

1. Records of seizure and the list of seizure;

1. Investigation report (to attach photographs of seized articles and cell phone photographs of the suspect);

1. Application of the Acts and subordinate statutes concerning crime motion pictures and photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment.

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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