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(영문) 서울서부지방법원 2019.07.17 2018고단4016
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 08:40 on August 17, 2018, the Defendant taken a video image using the Defendant’s cell phone camera function, which was the part of the victim’s eaves in the name in which he was listed, from the subway No. 1 Station C, No. 1 Station C in Yongsan-gu Seoul, Yongsan-gu, Seoul, using the Defendant’s cell phone camera function.

2. On August 2018, the Defendant taken the lower half of a female crew member, who was a female crew member of the Defendant’s cell phone, using a camera function inside the Defendant’s cell phone, in a dynamic image at a place where a police officer was snife in front of the police.

3. On August 2018, the Defendant: (a) taken video images using the Defendant’s cell phone camera function, wherein the flaco of the victim’s flaco in the name flaco, which was frequently colored in a flaco at a place where the Defendant was a police officer.

Accordingly, the defendant taken the body of another person who could cause a sense of shame by using a camera over three times against his will.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to victim photographs and criminal video files;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice 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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (it is determined that there are special circumstances in which it is impossible to impose order to complete program on a foreigner, because the defendant is unable to expect effectiveness of re-offending through a program

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

1. A conviction shall be found on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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