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(영문) 서울중앙지방법원 2017.06.22 2017고단3050

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

In the case of the defendant, the order Nos. 1 through 6 of the list of crimes in the attached Form 1 to the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal record] On September 29, 2016, the Defendant was sentenced to the suspension of the execution of eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use/recordings, etc.) at the Seoul Northern District Court (Seoul Northern District Court) and the judgment became final and conclusive on October 7, 2016.

[2] On July 29, 2016, the Defendant taken the body of victims who may cause sexual humiliation or shame by photographing the body of victims, such as 180 am, bucks, bucks, etc. from around that time to April 18:4, 2017, using the Defendant’s cell camera function, after the Defendant’s cell camera function in the subway station in a non-named female victim’s name in the subway station. From around July 29, 2016, the Defendant taken pictures of the body of victims, such as the victim’s ambucks, bucks, etc. using the Defendant’s cell camera function, and from around that time to April 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Police seizure records and list of seizure;

1. Do image closure photographs;

1. An investigation report (Attachment of a photograph to the closure of the said image);

1. Each investigation report (in addition to a photograph of the closure) and each closure photograph;

1. Previous convictions: Inquiry into criminal history, investigation reports (verification of the same type of force and the period of suspension of execution), and application of each statute of the judgment;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) [only between the crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (use photographing such as Camera, etc.) in the attached Table Nos. 1 through 6 of the sight table of crimes in the judgment and the crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (use photographing such as Cameras) in the judgment final and conclusive];

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The defendant's erroneous reasoning for sentencing under Article 48 (1) 1 of the Criminal Act is the same.