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(영문) 서울중앙지방법원 2015.10.16 2015고단4847

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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. On July 14, 2015, around 05:32, the Defendant infringed on the public toilets in order to take the urine image of women in order to satisfy their own sexual desire in the entrance room of Jongno-gu Seoul Jongno-gu women with a view to satisfy their own sexual desire in a mobile phone camera.

2. The Defendant taken photographs of the body of the victim who might cause sexual humiliation or sense of shame at the above date, time, and place (the age of 30) under the light screen in which the victim C (the age of 30) reported the uride of his cell phone, and reported the uride of the victim’s cell phone, and taken the body of the victim against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of the CCTV-cape Acts and subordinate statutes to captures;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (hereafter referred to as "Access to Public Places for Sexual Purpose") and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection 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. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the fact that the defendant has no same criminal record, appears to be a contingent crime, and other circumstances that form the conditions for sentencing as shown in the records of this case, such as the defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full consideration.

Where a conviction against a defendant is finalized in regard to a crime subject to the registration 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 the competent authority is in accordance with Article 43 of the