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(영문) 수원지방법원 평택지원 2015.10.29 2015고단1236
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

1. On April 2014, the Defendant taken pictures against his will another person’s body, which might cause a sense of sexual shame by photographing a female’s bridge using a mobile phone’s camera function, i.e., taking a part of the mobile phone to enjoy a seat short of the seat in the train.

2. The Defendant, on April 201 through May 5, 2014, taken the body of another person, who might cause a sense of sexual humiliation against his will, by photographing a female who suffered from a difficult fluor that was placed in the front of the Defendant’s front, using the camera function of a mobile phone, from an escalator that was going back to the exit exit of subway stations located in Sungnam-si, Sungnam-si.

3. On April 16, 2015, at around 20:13, the Defendant: (a) taken the victim’s body, which might cause a sense of sexual shame by photographing the part of the victim’s bridge using the cell phone function of the cell phone, from the Esplate, the Defendant: (b) taken another person’s body against the victim’s will; (c) tried to take the victim’s body against the victim’s will by contact the victim’s rear part of the buckbuck drive; and (d) sought to take the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to photographs taken of a bridge;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed in relation to the relevant criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs, such as a camera),

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;

1. A sexual crime against a probation or an order to attend a lecture;

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