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(영문) 서울서부지방법원 2019.01.16 2018고단3553
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2017, at around 01:47, the Defendant taken pictures against his/her will the body of the victims who could cause sexual humiliation over 39 times in total, as indicated in attached Table Nos. 1-5, 7-26, 31, 35-46, and 79 between May 21, 2018 and the period from May 21, 2018, using the opon7 mobile phone camera function of the Defendant’s cell phone owner at the Defendant’s residence.

2. On July 19, 2017, at around 05:24, the Defendant attempted to take a face of the victim’s sexual intercourse with an unexploited female in the above Defendant’s residence by video recording only on the wind, which failed to properly maintain the direction of the carmeras, and on the wind, the Defendant attempted to take the body of the victims, who could cause a sense of sexual humiliation by using carmeras over four times in total, as indicated in [Attachment] No. 6, No. 28, No. 47, and No. 69, to May 17, 2018, the Defendant attempted to take and attempted to take the body of the victims, who could cause a sense of sexual humiliation, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to D, E, and F;

1. Each police seizure report and the list of seizure;

1. A report on investigation (additional attachment to a list of crimes);

1. Application of the Acts and subordinate statutes on video CDs for each crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on the Punishment, etc. of Sexual Crimes (the occupation of using and photographing cameras, etc.) and Articles 15 and 14 (1) (the occupation of attempted use, photographing and photographing cameras, etc.);

1. Selection of each sentence of imprisonment;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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