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(영문) 서울서부지방법원 2019.06.19 2019고단865
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 of the final judgment.

Reasons

Punishment of the crime

1. On August 2018, the Defendant taken pictures of the victim D (the age of 22) using his/her gallonical camera function of “gallon 9” mobile phones at the virtual currency exchange C office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 15 stories.

2. On September 2018, the Defendant taken pictures of the victim D (the age of 22) using his/her gallonical camera function of “gallon 9” cellular phones function at the virtual currency exchange C office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 15 stories.

3. On October 5, 2018, the Defendant, at the office of education for F customer counselors located in Dongjak-gu Seoul Metropolitan Government, taken the falthograph of the victim D (n, 22 years of age) by using his galthothical camera function of the “galthal 9” mobile phone camera function in Dongjak-gu Seoul Metropolitan Government.

4. On October 5, 2018, the Defendant, on board a taxi with which no number is known, taken pictures of the victim D (the age 22) using the victim’s cell camera function of the “gallon 9” cellular phone, while moving with the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. A written complaint and submitted materials;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (verification of suspect cell phoness and digital sirens results) Acts and subordinate statutes;

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. 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;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act was that the Defendant committed an illegal photographing crime against the victim who was friendly while creating trust relationship with himself/herself.

I have a sense of self-defense.

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