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(영문) 서울중앙지방법원 2018.10.25 2018고단5586
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

From May 2017, the Defendant was in a congested relationship with the victim D (V, 52 years of age).

1. On July 28, 2017, the Defendant: (a) completed a shower in a stove room of “Fel” room located in Gangseo-gu Seoul Metropolitan Government E; and (b) taken photographs of the victim’s appearance from the bath room using a cell phone’s screen function against his/her will against the victim’s will; and (c) taken photographs of the victim’s body against his/her will that may cause sexual humiliation or shame on five occasions, such as the list of crimes in the same manner until August 30, 2017 in the same manner.

2. On March 25, 2018, around 07:45, the Defendant sent a video file recorded against the victim’s will to the mother of the victim a text message attachment file, on the ground that the victim’s contact was cut down at the victim’s dwelling in Yangcheon-gu Seoul Metropolitan Government G and 202, and the Defendant’s dwelling in the Defendant’s dwelling in Yangcheon-gu G and 202.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the suspect interrogation of the police against the defendant and the details of contact attached thereto;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Investigation report (the result of analyzing data on analysis of digital evidence and replies);

1. Application of Acts and subordinate statutes to a report on investigation (verification of photographs, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and the Selection of Imprisonment with 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, a notification order, and an employment restriction order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of committing the same kind of crime);

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