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(영문) 서울북부지방법원 2019.02.14 2018고단4481
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 18, 2018, at around 16:55, the Defendant taken a video image image of the victim D (the name, b, 27 years old) by inserting the partitions of the Defendant’s cell phone (i.e., Aphone X) in front of the PC in the Jung-gu Seoul Metropolitan Government building, and male and female public toilets in front of the second floor “C”.

In addition, from March 4, 2018 to August 18, 2018, the Defendant taken photographs of the body of the victims who may cause sexual humiliation or humiliation using a cell phone camera over a total of 16 times from around 4, 2018 to around 16, respectively, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Each investigation report (Attachment to the result of analysis of digital evidence / motion picture correction date);

1. Each protocol of seizure and each list of seizure;

1. A list of crimes;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

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, in relation to the relevant criminal facts;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of taking pictures of a large number of unspecified persons with the reason for sentencing under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a bad in view of the period and frequency of the crime, and the circumstances in which the person committed the crime at many places, and the appearance of taking pictures into account in which the person’s body is considered as being melted in a toilet.

On May 11, 2017, the defendant is sentenced to imprisonment for six months with prison labor for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Seoul Northern District Court.

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