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(영문) 청주지방법원 2019.10.31 2019고단1719
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On February 13, 2018, the Defendant taken pictures of the body of the victim B(s) who used the cell phone camera function of the Defendant in the Incheon Airport located in Jung-gu, Incheon, and used the cell phone camera function, and taken pictures of the victim’s body that could cause sexual humiliation or shame by using a cell phone which is a device with a camera function.

At around 12:06 on the same day, the Defendant continuously sent the images of the victim’s chest while being kept in custody of the Defendant’s cell phone to the victim who was unaware of the victim’s Mesenger’s identity, and provided the third party with the pictures taken out of the victim’s body by using the mobile phone with the Kamera function, which could cause sexual humiliation or shame.

The Defendant, including this, taken the body of the victim against his will that could cause sexual humiliation or shame of shame by using a cell phone which has a total of four times as indicated in the attached list of crimes, and provided it to a third party against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of the provisions of the Acts and subordinate statutes to photographs which photograph scams the Appellants, photographic pictures and the contents of each group conversation with a closure of the contents of each conversation;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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