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(영문) 서울중앙지방법원 2020.09.11 2020고단4853
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Imprisonment with prison labor for the crime of paragraph (1) of the judgment of the defendant, for six months, and for the crime of paragraph (2) of the judgment, four months, respectively.

Reasons

Punishment of the crime

[criminal power] On April 29, 2020, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for a year of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras), and the said judgment was finalized on May 7, 2020.

【Criminal Facts】

1. On September 22, 2019, at C points located in Mapo-gu Seoul, Seoul, and around 19:30 on September 22, 2019, the Defendant taken visual images of the parts, such as the part of the victim’s bucks, by using the Defendant’s cell phone camera function, following a female influoring a short white buck, and then taking the part of the victim’s bucks, from April 16, 2020 to April 05:34, as described in the attached Table Nos. 1111 to 111.

2. At around 10:51 on July 5, 2020, the Defendant, on the platform of Seoul subway 2 line E Station in Guro-gu Seoul Metropolitan Government, operated a short test color fluor mobile phone breaker which can be taken after a short screen was cut off, taken by the Defendant from around 04:01 on June 29, 2020 to around 112 to 143, as described in each subparagraph of the annexed Table No. 112 to 32 of the annexed list of crimes, took a video image, such as the victim’s ambuck and suckbucks.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a mobile phone with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on each seizure report (related to witness on the suspect's site and arrest), reports on results of analysis of digital evidence, photographs of seized materials, and photographs of illegally seized materials;

1. Previous records: Criminal records and other inquiry reports, and during the same criminal records as the suspect and the period of suspension of execution;

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