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(영문) 서울중앙지방법원 2019.03.21 2018고단8401
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around January 22, 2018, the Defendant committed the crime of January 22, 2018, using the Defendant’s Samsung Fgal juthothy with the inner function of the Kameras in the defense room in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, taken one screen of the overall body of the victim without the consent of the victim C (n, 24 years of age) at around 02:25.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

2. On March 24, 2018, the Defendant committed the crime on March 24, 2018, and around March 21:16, 2018, the victim was exposed to pantyty in the Cronode toilet located in Songpa-gu Seoul Metropolitan Government, and the victim was exposed to the crode screen of the above toilet which was used by the victim D (the age of 28).

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

3. Around July 26, 2018, the Defendant, on July 26, 2018, taken one first half of the body of the victim without the consent of the victim E (or the age of the victim), using the aforementioned mobile phone device with the inner function of the camera function as a camera under Article 702, around 12:17, 2018.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. The police seizure record and the list of seizure;

1. Each investigation report (cases concerning attachment of photographs and images submitted by the complainant, and outputs of each photograph);

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. The provision of relevant laws concerning criminal facts;

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