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(영문) 대전지방법원 2017.11.09 2017고단1400
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 18, 2016, the Defendant taken pictures against the victim’s will, on the name of the victim, who was divingd in a train using a mobile camera from the Defendant’s mobile phone in the pathic train, around 11:07, in the vicinity of the measures taken by the Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On September 28, 2016, at around 11:59, the Defendant taken a photograph of the victim, who was on board an escalator in his/her name, using the Defendant’s mobile phone camera in the D Electric Field C, which was located in Daejeon, against the victim’s will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

3. The Defendant: (a) on December 30, 201, from around 21:01 to around 21:05, the tax amounting to 1700, middle-gu, Daejeon, Jung-gu, Daejeon, was in the vicinity of the department store.

In the E bus, the victim F(16 years old), who was seated with the Defendant's cell phone camera, was taken three times against the victim's will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A statement prepared by H;

1. Report on the occurrence of the case, report on internal investigation, photographs, and report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to a reply to the preceding investigation;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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