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(영문) 서울중앙지방법원 2015.02.06 2014고단9815

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked as a Korean language instructor of the Dental Institute in Gangnam-gu Seoul Metropolitan Government.

1. On June 27, 2014, at around 18:37, the Defendant, who was conducting lessons in the lecture room of the pertinent private teaching institute, taken a visual image of the victim’s bridge, etc., by allowing the victim’s bridge to have his/her bridge, etc., where he/she was attending the lecture.

2. On September 11, 2014, at around 23:10 on September 23:1, 2014, the Defendant, while taking supplementary classes against the victim E (the age of 16) in the lecture room of the said private teaching institute, took a visual image of the victim’s bridge, etc., by allowing the victim to take a cell phone device, etc., which was inside the victim’s bridges.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or sense of shames, using devices with similar functions, over twice as seen above, against his will, using the devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of police seizure and list of seizure;

1. A report on the results of analysis of digital evidence;

1. The application of the Act and subordinate statutes on video CDs taken by suspects on June 27, 2014

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. Article 62 (1) of the Criminal Act (it is not good to commit any crime, but considering the fact that the criminal defendant has committed a penmatic mistake and has not committed any crime again);

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The reasons for sentencing of Article 48(1)1 of the Criminal Act for sentencing under Article 48(1)1 of the Confiscation Act, for the students who take lessons from the Defendant in a private teaching institute or lecture room, and the victim E is not very good to commit each of the instant crimes, and the victim E is a serious mental impulse due to the instant crime.