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(영문) 서울중앙지방법원 2020.02.05 2019고단7138
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[2019 Highest 7138] Around 16:35 May 19, 2019, the Defendant taken pictures of the victim E (n, 23 years of age) in the “C” located in Gangnam-gu Seoul Metropolitan Government, by inserting a bank containing a base of the body of the victim in the manner of inserting the bank in the center of the body of the victim, and as shown in the attached list of crimes, from around 16:3 on May 23, 2018 to May 16:59, 2019 as shown 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, etc. against their will.

[2019 Highest 7927] From July 11, 2019 to July 15:25, 2019, the Defendant discovered the victim H (n, 33 years of age) who was going up with the atomic ray from the subway line G No. 7 line G No. 6 in Bupyeong-si, Jungcheon-si, the Defendant taken a video image of the victim’s franchis using the Defendant’s cell phone camera function, as shown in attached Table 2, from around 19:00 on June 12, 2019 to July 11, 2015:25, the Defendant taken a video image of the victims’ fros, etc. eight times in total.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, etc. against his will.

Summary of Evidence

[2019 Highest 7138]

1. Defendant's legal statement;

1. The police statement of E and I;

1. A list of seizure records, a list of seizure, a list of seizure records, and a list of seizure;

1. Investigation report (related to the adjustment of a list of crimes), investigation report (referring to a report by a police officer on the hearing of statements by an excursion ship in charge of police officers related to the list of crimes and the capture of video images);

1. A victim's photograph (2019 altitude7927);

1. Defendant's legal statement;

1. A statement prepared by H;

1. Records of seizure and the list of seizure;

1. Investigation report (verification of images of a victim H);

1. Application of Acts and subordinate statutes in Chapter 2 to the scene photographs, seized objects photographs, 8 course photographs, closure photographs, closure photographs;

1. Criminal facts;

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