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(영문) 서울중앙지방법원 2018.11.16 2018고단5942
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

1. On June 1, 2018, the Defendant taken a step-off the fat of a female victim who was unable to know the name of the green fat, using the camera function of the Defendant’s cell phone owned by the Defendant’s cellular phone B, around 13:02, the Defendant taken the fat of the fat of the female victim.

The Defendant, including that, from June 1, 2018 to June 8, 2018, taken photographs of the victims’ body through the same method 83 times in total, as shown in attached Table 1 list of crimes, from around June 1, 2018, against their will, using a mechanical device with a camera function, which could cause sexual humiliation or shame.

2. On June 4, 2018, at around 18:37, the Defendant: (a) installed a music camera D on a mobile phone owned by the Defendant to the Gangnam Station; and (b) recorded the victim’s chest, whose name was not known due to the use thereof, on the cell phone owned by the Defendant.

The Defendant, including that, from June 4, 2018 to June 8, 2018, taken photographs of the victims’ body over a total of 45 times, such as the 2nd list of crimes, in the same manner, using the devices with a camera function, and taken the body of the victims against their will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of crimes (6 pages of a cama file), a criminal report (cammera file analysis and investigation of video files), a video analysis photograph, and a photograph of victims;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The ages of the accused to be exempted from an order of disclosure or notification and an employment restriction order; and

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