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(영문) 수원지방법원 성남지원 2019.02.12 2018고단2535
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show such photographs to the public.

1. The Defendant, such as a camera, took photographs of the front bus stops in front of the Chigh School located in Gwangju City, from September 2016 to October 1, 2016, using the Defendant’s ggal lusium function, using the Defendant’s galthothm function of smartphone jus S4 smartphones at the bus stops, and taken 69 times in total, as shown in the list of crimes in the separate sheet.

2. On January 26, 2017, at around 14:30, the Defendant displayed 16 copies of photographs, as shown in paragraph (1), taken from the above date to December 58, 2017, in the Defendant’s residence located in Gwangju-si, as “F,” the Internet site “E”, and posted 69 copies of photographs taken five times in total, as described in paragraph (1), from the above date and time to December 58, 2017.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame against their will, and displayed them openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the number of images taken by the Defendant is not certain, and the Defendant is not confined to the photographing and Internet.

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