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(영문) 서울남부지방법원 2018.10.10 2018고단3011
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 May 13, 2018, at around 10:26, the Defendant taken pictures of the part of the victim’s bridges, i.e., the part of his Samsung Gallon 8 smartphones under the balthma of the damaged party, i.e., the victim’s ballon 8 smartphones, which was short of the Defendant’s name balthrad in subway C. C. E. S. in Gangseo-gu Seoul, Gangseo-gu, Seoul.

2. On May 28, 2018, at around 10:00, the Defendant taken pictures of the victim’s bridges in the same manner as described in paragraph (1) after the victim’s name and non-sicked (influence) who suffered a short fluence in the subway E line E line, located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, in the manner described in paragraph (1).

3. On May 29, 2018, at around 10:00, the Defendant taken pictures of the victim’s bridges in the same manner as described in paragraph (1) after the victim’s name and non-sicked (influence) who suffered a short fright in the subway E line E line, located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, in the same manner as described in paragraph (1).

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, against the victims' will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports and photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

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

1. The grounds for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have the record of being sentenced to a fine for the same crime, the fact that the defendant has not been sentenced to the recovery of damage, and other conditions for sentencing under Article 51 of the Criminal Act, such as the age, sex, and environment of the defendant.

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