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(영문) 서울동부지방법원 2018.10.04 2018고단2070
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 October 30, 2017, at around 05:00, the Defendant: (a) taken the part of the victim’s cell phone located in Gwangjin-gu Seoul Special Metropolitan City, where the Defendant was living; (b) taken the part of the victim’s cell phone located in his/her chests, where he/she was frighted to drinking alcohol at one of the Defendant’s parents, and took the part of the victim’s cell phone located in his/her chests; (c) taken the part of the victim’s cell phone with the Defendant’s cell phone function, taken the part of the victim’s cell phone; and (d) taken the part of the victim’s cell phone using the aforementioned mobile phone.

2. On December 10, 2017, at around 02:00, the Defendant taken the body part exposed to the victim F (V, 29 years old) who had a mobile phone with a camera function on the second floor public toilets male side of the building in Gwangjin-gu Seoul Special Metropolitan City, and opened the partitions to the upper end, and reported melting works from the female side of the victim F (V, 29 years old).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, G, and D;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (digital sirens replys), investigation reports (digital sirens analysis);

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

1. Selection of each sentence of imprisonment with prison labor (the fact that the nature of each of the crimes of this case is not very good and the victims have not received a letter of suspicion);

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 suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. To register and submit personal information under Article 48(1)1 of the Criminal Act to be confiscated;

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