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(영문) 서울동부지방법원 2017.09.21 2017고단1768
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

[Criminal Records] On September 20, 2016, the Defendant was sentenced to a suspended sentence of two years for an injury at the Seoul Eastern District Court on August 20, 201, and the judgment became final and conclusive on May 27, 2017.

[2] The Defendant was in a relationship with the victim D from July 2015 to March 2016, and thereafter was in a relationship with the victim E from June 2016 to January 22, 2017.

1. Around December 2015, the Defendant: (a) taken photographs of the victim’s chest part of the victim’s chests, which could cause a sense of sexual shame by using the gap in the Seoul Special Metropolitan City Gwangjin-gu F and 103’s residence; (b) around 13 times in total, from around that time to March 5, 2017, using S6 smartphones; and (c) taken photographs of the victim’s body part of the victim’s chests, such as the contents written in the list of crimes in attached Form 13 times.

Accordingly, the Defendant taken the body of another person against his will, which could cause a sense of sexual shame.

2. On July 9, 2016, at around 00:47, the Defendant: (a) taken the victim E’s panty panty and panty, which could cause a sense of sexual shame, using the victim’s panty and panty; (b) taken twice the victim’s panty using the aforesaid smartphone; (c) continuously walked the victim’s panty; and (d) taken the victim’s chest part in the victim’s chest in the above manner.

As a result, the Defendant took three-time photographs of the body of another person, which may cause a sense of sexual humiliation, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis results replys and attachment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.

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