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(영문) 서울남부지방법원 2020.09.25 2020고단3693
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around April 10, 2020, the Defendant: (a) taken a photograph of the victim D (a) following the victim D (the victim, 23 years of age), who was on board an escalator, using a cell phone device in his line 5 subway lines C, located in Yangcheon-gu Seoul Metropolitan Government, and was suffering from shorter bucks, which was located in the direction of the exit 1 from the subway line C, located in 23:25 on April 10, 2020.

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

2. Around May 14, 2020, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence, etc. of Sexual Crimes) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence of places for sexual purpose) taken the victim F (influence, 22 years old) image with the Defendant’s cell phone with the mobile phone, as described in paragraph (1) above, in order to photograph the appearance of the female female 3rd in the Yangcheon-gu Seoul Ethy Building, Yangcheon-gu, Seoul, with a view to taking the appearance of the female 1st female 2:40 on May 14, 2020.

Accordingly, the defendant invadedd the public use area for the purpose of meeting his sexual desire, and taken the body of the victim against his will that could cause sexual humiliation or shame by using a mechanical device with a camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement concerning F and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV verification in the history of five-line C stations);

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the punishment of sexual crimes committed by the former.

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