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(영문) 서울북부지방법원 2018.11.29 2018고단3278
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2018, in a store where the trade name in Nowon-gu in Seoul Special Metropolitan City cannot be known, the Defendant taken a dynamic image of the part of the victim’s cell phone (a jum jum jum) whose name cannot be known with the Defendant’s cell phone (a jum jum jum).

2. On March 2018, the Defendant, in an apartment elevator with which the name located in Nowon-gu in Seoul Special Metropolitan City is unknown, taken a screen image on the part of the victim (such as the wearing of school uniforms) whose cell phone name cannot be known.

3. On March 2018, at a store where the trade name in Nowon-gu in Seoul Special Metropolitan City is unknown, the Defendant taken a video image on the part of the victim (a short flag wearing) whose cell phone name cannot be known.

4. On April 28, 2018, around 16:40, the Defendant taken a video image of the victim D’s bridge part, etc. from “C” store located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on the cell phone.

Accordingly, the defendant taken four times in total against his will the body of the victims who could cause sexual humiliation or shame by using a cell phone camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report ( analysis and photographing of restoration data, such as images);

1. Each protocol of seizure and each list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure and Notice of Employment, Exemption from Employment Restriction Orders, etc., and Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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