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(영문) 서울중앙지방법원 2017.03.24 2016고단8992
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2016, from around 11:40 to 12:00 of the same day, the Defendant took a photograph of the victim’s body, using a portable phone in the subway powder line D male toilet column located in Gangnam-gu Seoul Metropolitan Government, from around September 10, 2016, a male victim, who was unable to know the name he/she had a white column in the next partitions, she she she she she down the her body and she reported the melt.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. The Defendant, using a portable telephone at the same time and place as described in paragraph 1, taken a photograph of the victim’s boome by a male injured person, who is unable to know the name of the male injured on the south in the side by using a portable phone.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

3. On September 10, 2016, at around 12:02, the Defendant, using a portable phone at the same place as indicated in paragraph 1, taken a photograph of the victim E (29 years of age) in the next partitions and reported melting, and taken a video picture of the victim’s boom.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement;

1. Photographs taken by the victim (the image of the victim deemed the victim);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of taking photographs, such as cameras) and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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