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(영문) 서울북부지방법원 2015.02.11 2014고단4469
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant sent the clothes to the victim B (n, 43 years of age) and internal relations.

1. On August 17, 2014, the Defendant taken a photograph of the victim’s body against his/her will that could cause sexual humiliation or sense of shame by photographing his/her tamp, etc., the victim’s tacks located in the cell phone camera, etc., with his/her cell phone camera, in a tamper in which it is difficult to know the trade name near the tamper located in Gangseo-si around 11:40 to 11:43.

2. At around 12:09 to 12:40 of the above day, the Defendant taken the body of the victim, who could cause sexual humiliation or shame, by photographing the body of the victim in video with the victim’s cell phone camera at the same place.

3. On September 10, 2014, around 21:27 to 21:48, the Defendant taken the body of the victim against his/her will, by photographing the victim’s cell phone camera in Seoul Special Metropolitan City Nowon-gu, which might cause sexual humiliation or sense of shame by photographing the victim’s cell phone meras in a video image.

4. At around 21:51 - 22:25 of the above day, the Defendant taken the body of the victim against his will, by photographing the body of the victim, who could cause sexual humiliation or sense of shame at the victim’s cell phone camera with the victim’s cell phone, in video.

Accordingly, the body that could cause sexual humiliation or shame over four times in total was taken without the consent of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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. Order to attend lectures and order to provide community service;

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