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(영문) 서울중앙지방법원 2017.12.07 2017고단6989
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

The defendant, using the defendant's mobile phone with the function of a camera at a mixed place, such as subway or shopping mall, is trying to take the body of women in the future, and is infusing the target of crime.

At around 14:44, May 16, 2017, the Defendant discovered the victim’s name at the subway E Line E Line in Seocho-gu Seoul, Seocho-gu, from the short halfline of the victim’s name (e.g., the age omitted), and discovered the victim’s cell phone image filming of the mobile phone with the camera function in which the Defendant was holding, and taken the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst her

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone with the camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Investigation report (the result of analysis of digital evidence on seized mobile phones);

1. Application of the Acts and subordinate statutes to a report of investigation (Attachment to the screen of a suspect’s photographic video screen).

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. On September 26, 2011, the Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, has the record of having received a summary order of KRW 1 million as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) at the Seoul Central District Court.

It is not good that the body of victims has been taken differently in several times, and it is not good that the body of victims has been taken.

The defendant does not commit a second offense against the defendant.

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