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(영문) 서울북부지방법원 2015.11.19 2015고단2540
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. They shall not photograph the body of another person, which may cause sexual humiliation or shame, against the latter's will, by using devices equipped with functions similar thereto such as 2015 higher group 2540 camera or any other similar functions;

Nevertheless, around 20:04 on May 29, 2015, the Defendant, at the agricultural community center located in Seoul Special Metropolitan City, Nowon-gu, Seoul, 111, taken pictures of each of the images against the victim’s will, as described in the attached list of crimes, the body of the victims, which might cause a sense of sexual humiliation over eight times in total, as described in the attached list of crimes, was taken by using the Defendant’s Vgaegat’s mobile phone function as a camera, in white, red, and red, and a female victim’s name influenite, and from then to June 19, 2015.

2. On August 28, 2013, the Defendant: (a) was sentenced to a fine of KRW 4,000,000 by the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) on September 5, 2013, the judgment becomes final and conclusive, and thus, was notified that he/she is subject to registration of personal information; and (c) if personal information is changed, the personal information is to be submitted to the head of the competent police agency within 20 days from the date the reason and details of the change are changed.

However, the Defendant, on July 17, 2015, moved from his domicile to his domicile from 512, 304 to 20, 809 in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Seoul to his domicile, and did not submit personal information changed to the head of the competent police station until August 6, 2015, within 20 days from the date on which the cause occurred.

Summary of Evidence

[Fact 1]

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A criminal investigation report (Attachment to relevant photographs), a criminal investigation report (additional motion pictures taken by a suspect), a criminal investigation report (verification of CD images);

1. Records of seizure and list of seizure [the fact of paragraph (2) at the time of sale];

1. Statement by the defendant in court;

1. A change.

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