logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.10 2020고단1283
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 24, 2018, at least 13:56 on March 24, 2018, the Defendant taken pictures of the victims’ body in the same way 104 times in total, as shown in the attached Table of Crimes (1) from around April 9, 2019, using the Defendant’s galtho-fluencencencencencencencencencenation of the victim’s legs, etc., in a non-fluencencencened subway, using the Defendant’s galtho-fluencencencencencenation of the victim’s body in a total of 372 times, as indicated in the attached Table of Crimes (2).

Accordingly, the Defendant had taken or attempted to take photographs of the body of a person who may cause sexual humiliation or shame over 476 times in total against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the closure of a dynamic image and the attachment of a damaged photograph);

1. Cut photographs, photographs, CDs on the main surface of the video;

1. In case of seized gallon, the application of respective existing Acts and subordinate statutes to S8 (No. 1), USIM chips (No. 2), SD cards (No. 3), and photographs stored in a mobile phone (No. 4);

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply) and Articles 15 and 14(1) (a) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (which shall apply to the crime before being amended by Act No. 17264, Dec. 17, 2018; hereinafter the same shall apply), Articles 15 and 15, and 14(1) of the Act on Special Cases Concerning the Punishment, etc. of

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [one of the concurrent crimes committed on April 9, 2019, which are provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.)] among concurrent crimes.

arrow