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(영문) 서울동부지방법원 2019.10.31 2019고단2854
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.

At around 18:18 on May 16, 2019, the Defendant, at the subway 2 subway station located in Jung-gu Seoul, Jung-gu, Seoul, took one-time of the victim’s buckbucks and clothes in the bucks, a female woman, who was unable to know his name that he had been in front of the Defendant, using his shower’s cell phone function, and taken one-time of the victim’s bucks and clothes in the bucks in front of the Defendant, from around that time until around 08:06, June 25, 2019.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment of illegal photographing photographs, documentary evidence and investigation records), the closure of dynamic images;

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

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

1. Article 62 (1) of the Criminal Act;

1. Social service and order to complete program, Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment,

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

1. Duty to register and submit personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities;

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