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서울동부지방법원 2015.08.21 2015고단1686

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

At around 14:50 on February 24, 2015, the Defendant taken up smartphones located in the ridge 7 subway lines located in Gwangjin-gu Seoul Special Metropolitan City, with the victim’s kylphones located in Seo-gu, B (n, 21 years of age) after the victim B (n, 21 years of age).

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. The police statement concerning B;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each CCTV photograph, the details of passengers aboard transportation cards, transportation card photographs, and smartphone photographs;

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;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. As to the grounds for sentencing under Article 48(1) of the Criminal Act, the crime of this case is not good in that the defendant committed the crime of this case even though he had the record of fine and criminal punishment of suspended sentence of imprisonment for the same kind of crime.

However, considering the fact that the defendant is recognized as committing the crime of this case and is against the victim, that the victim does not want the punishment of the defendant, that the photographer appears not to have been leaked to the outside, and other various sentencing factors recorded in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined.

Where a conviction against a defendant is finalized in relation to the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information to the relevant agency pursuant to