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(영문) 의정부지방법원 2016.05.09 2016고단134
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six 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

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

1. On July 2015, the Defendant taken pictures against his/her will on a female bridge suffering from a yellow sponsing horse using smartphone at a bus stops where it is impossible to identify a specific place at around 21:00.

2. On July 2015, the Defendant, at the subway No. 1 line E station in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) on July 22:0, 2015, taken pictures of the body of women, fluencing down by using Defendant’s smartphones against their will.

3. On July 2015, the Defendant taken pictures against his/her will of a woman who was in motion with a white fluor by using the Defendant’s smartphone at the subway G station of subway No. 1 in Jongno-gu Seoul, Seoul, on the top of 22:00.

4. On July 25, 2015, the Defendant discovered the fact that the victim H (n, age 26) waits for the subway from the subway station G platform of subway No. 1 in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) around July 22:2:24, the Defendant taken the victim’s body against the victim’s will by putting the Defendant’s smartphone into the bottom of the victim’s bridge.

5. On August 2015, the Defendant taken pictures of the body of women who were suffering from the cratus fatus, using the Defendant’s smartphone in the electric car operating subway G station of subway No. 1 in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) around 21:00 against their will.

Accordingly, the defendant taken five times against his will the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each CCTV screen;

1. Seizure records;

1. A seizure list;

1. Responses to results of digital analysis;

1. The laws and regulations on mobile phone recovery CD.

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