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(영문) 서울중앙지방법원 2016.01.15 2015고단5753
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2015, at the subway G station located in Gangseo-gu Seoul Metropolitan Government around 08:07, the Defendant: (a) discovered the victim H (23 years old); (b) discovered the victim’s sexual intercourse in the sudden train in the subway station located in Gangseo-gu Seoul Metropolitan Government to find out the victim’s sexual intercourse; and (c) found the victim’s sexual organ even after the victim’s injury, the Defendant committed an indecent act by making the victim’s mar and her mar in his mar in his mar in his mar and her hands, with his mar and her mar in his mar.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

2. On July 17, 2015, around 10:40 on July 17, 2015, the Defendant taken a photograph of the Defendant’s cell phone camera, following the victim, who suffered from his name in J Skyna in Gangnam-gu Seoul, J Skyna located in Gangnam-gu Seoul.

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. A H statement;

1. Seizure records;

1. Application of Acts and subordinate statutes governing criminal facts;

1. Relevant provisions of the relevant Act on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (Indecent Acts in Cpopulated Places), and Article 14 (1) (Taking photographs, such as cameras), and selection of imprisonment with prison labor;

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 48 (1) of the Criminal Act to be confiscated;

1. Where a conviction of the accused against the criminal facts stated in the judgment that he/she should register personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc

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