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(영문) 서울북부지방법원 2016.09.29 2016고단2728
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2016, at around 12:40 on February 18, 2016, the Defendant discovered the victim C (e.g., 25 years of age) suffering from heama, and then found the Defendant’s cell phone camera, which is located in Kamera, in a state where the Defendant’s cell phone camera is able to photograph the Defendant’s cell phone camera. While passing by the victim’s side, the Defendant taken the part of the part of the victim’s cell phone, which caused the Defendant’s hand phone, under the body of the victim.

From around that time to March 3, 2016, the Defendant photographs each part of the body part of the victims through the same method 41 times in total, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism, against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, E, F, G, H, and I;

1. C’s statement;

1. Photographs;

1. Investigation reports (explosion and investigation at the J station of the subway No. 4 lines);

1. Investigation report (Investigation and investigation at the K Station of the line of Incheon subway 1);

1. Each investigation report (the counter-investigation of victims);

1. Investigation report (Investigation of scopic cards);

1. Investigation report (investigation of suspect Handphones);

1. Video CDs;

1. Application of seizure records and statutes concerning the list of seizure;

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

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

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, occupation, family environment, and society).

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