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(영문) 서울서부지방법원 2019.07.10 2019고단1421
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 of the final judgment.

Reasons

Punishment of the crime

On January 2, 2019, around 06:11, the Defendant taken photographs of the body that could cause sexual humiliation or shame of seven women due to their name, such as taking photographs of a woman’s bridge seat seated using his galthro S8’s cellular phone function, within the subway 2 line, etc., as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (in response to results of digital siren analysis), photographs of victimized women taken by suspects, and reports on analysis of digital evidence;

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. 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 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. The main sentence of 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, 2019); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 48(1)1 of the Criminal Act, Article 67 of the Act on the Control of Narcotics, Etc., and Article 67 of the Act on the Control of Narcotics, Etc., found to have been illegally taken and taken as a result of the instant crime,

Only individually, the degree of exposure to photographs can not be deemed to be very serious.

However, the defendant, at least seven times, seems to have committed the crime at least seven times, and at the time intervals between the crimes, it seems that the crime was committed on a regular basis.

In addition, in 2010, the Defendant was already sentenced to a fine of KRW 500,000 as an attempted crime of the same case.

At the time, the content of the case was also trying to place women's pathm in the subway Eston.

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