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(영문) 서울북부지방법원 2016.06.09 2016고단793
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

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or any similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the photographs so taken.

On June 24, 2015, through the obscene site, “B” from the B, the Defendant took pictures of the Defendant’s portable phone camera (C), the victim who was short of the time (e.g., the age), using the obscene site of “B,” and caused the victims to feel a sense of shame 1, 2, 4, 5, 7, 8-1, 10-1, 11 through 16-1, 17, 18-1, 19-1, 23 through 251, 261-1, 261, 27-1, 27, 29-27, 37 through 375, 375 through 47, 57, 75, and 57 of the attached list of crimes to August 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused (including photographs thereof);

1. Investigation report (Analysis of photograph files by each user of a bromermera case);

1. A criminal report (Attachment of photographic files and CDs of crimes);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of A Crime List);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age and occupation);

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