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(영문) 서울중앙지방법원 2020.05.20 2019고단6934
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

At around 22:20 on February 18, 2019, the Defendant taken 360 times from January 2, 2017 to February 18, 2019 as indicated in the attached list of crimes, the Defendant, on the platform operated as an internal control area in Seoul subway Line 7 of Seocho-gu Seoul Metropolitan City, by using mobile phone camera functions, taken the flag of the victim D (the age of 21) who was suffering from a short flamera using mobile camera functions as a video screen, and taken the flamer of the victims from January 2, 2017 to February 18, 2019.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera, etc. against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A seizure record and a list;

1. Application of the Acts and subordinate statutes to a photograph of an illegal photographic video (number 1-20 a.m. a.m. a.m. 1-20), to a photograph of an illegal photographic video (number 21-360 per annum);

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); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities.

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