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(영문) 수원지방법원 안산지원 2018.03.21 2017고단3726
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six 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. Around 12:55 on August 21, 2017, the Defendant committed the crime in the electric trains of subway No. 3, the Defendant discovered a victim’s name not having known that his name was short of the coloring in the electric vehicle operated in the direction of the new history station from the high-speed terminal station of the subway No. 3, the subway No. 3, and taken a visual image image of the victim’s body parts by using the cell phone camera shooting function of the Defendant’s cell phone.

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

2. At around 13:59 on the same day as the preceding paragraph, the Defendant discovered a victim’s name not having known that he was suffering from a short chromatic mar in the stairs B located in Gangnam-gu Seoul, Gangnam-gu, the Defendant was using a cell phone camera shooting function in which the Defendant was in possession, taken the body part of the victim’s body part of the victim’s body, and continuously taken the victim’s body part of the victim’s body part in the way described above at the front of the exit 1 in the above B basin.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. to Criminal Images);

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

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201>

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48(1) of the Criminal Act of confiscation.

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