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(영문) 서울북부지방법원 2016.01.14 2015고단2338
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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.

However, around 09:20 on February 5, 2015, the Defendant taken 57 victims’ physical parts against their will by inserting S3 mobile phones at the gallon of subway No. 6 in Seoul Special Metropolitan City, Nowon-gu, at the gallon of the Defendant (nive, 27 years of age) in a gallon of the victim E (nive bridge), and inserting the body parts of the victim’s galleg between the lower police officers of December 2014 and February 5, 2015 in the same manner.

[Revised facts charged in the changed indictment are that “the body part of the victims was taken against their will” was “401 times. However, the number of pictures of the column of the changed indictment is 393 pages (the original 603 pages, but the withdrawal of prosecution or the revocation of prosecution). There are cases where the body part of the victim, which could cause sexual humiliation or shame, has been taken several times for each victim, and where the body part of the victim was taken without causing sexual humiliation or shame, or where the body part of the surrounding person was taken during the course of photographing the body part, even if the body part of the victim’s body part was taken (the part is meaningful in that it can be evaluated as a photographing body part of the body part that may cause sexual humiliation or shame, and it is difficult to constitute a separate crime). Ultimately, each victim’s crime does not interfere with the frequency of sexual humiliation or shame, but it constitutes only 40 sexual humiliation.”

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