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(영문) 서울중앙지방법원 2016.12.16 2016고단7402
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not less than five 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. On August 14, 2016, at around 18:00, the Defendant taken pictures using gallon 2 smartphones owned by the Defendant, such as buckbucks, bucks, inner clothes, etc. in the victim’s name, bucks, bucks, and clothes that put goods by suffering short horses within “Cat” located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu.

2. On August 16, 2016, at around 09:17, the Defendant taken a gallon-type 2 smartphone on the part of the Defendant’s mother E (in women, 56 years of age) in the Defendant’s home, the flusium of the Victim E (in women, 56 years of age) by using a gallon-type 2 smartphone owned by the Defendant.

3. On August 25, 2016, at around 10:49, the Defendant taken pictures using gallon 2 smartphones owned by the Defendant, such as bucks, bucks, and inner clothes in the victim’s name, bucks, bucks, and gallons, which put goods by suffering short horses within “Gma” located in Dongjak-gu Seoul Metropolitan Government F.

4. On August 25, 2016, around 11:01, the Defendant taken pictures using gallon 2 smartphones owned by the Defendant, such as buckbucks, bucks, and inner clothes in the victim’s name, who puts things by suffering a short buck in the instant “Cart”.

5. On September 7, 2016, around 13:24, the Defendant taken a gallon 2 smartphone on the part of the victim H (n, 34 years of age)’s bucks, which puts goods by suffering short bucks within the said “Gma”.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of the police interrogation of the accused and each accompanying photograph thereof;

1. A statement prepared by H;

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, in relation to the relevant criminal facts;

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

1. Article 62 of the Criminal Act:

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