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(영문) 서울중앙지방법원 2014.06.25 2014고단2895

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 19, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc., committed an attempted crime, not only by a person who used a camera in his/her cellular phone (galopt 2) to take a photograph of the victim’s inner body using a camera in his/her cellular phone (galopt 2), which was in his/her possession after discovering and driving away the victim B (15 years of age) from the 13 gallon Seoul Jung-gu, Jung-gu, Seoul, Jung-gu, Seoul.

2. The same year from the time when the defendant takes a photograph of his/her cell phone image, which he/she was in possession of the fluorites of a female on March 24, 2014 in the mid-gu Seoul Special Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a mobile phone image of his/her own fluorites in the Escar Seoul East Station, on March 24, 2014;

4.4. From 19:11 to 19:1, women in distress were taken of their legs and paths against their will over 52 times, such as the annexed list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police statements prepared C;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (to cellular phone images of suspects);

1. Relevant legal provisions, cameras, use and photographing of criminal facts: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which attempted to use and photograph cameras: Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 (Consideration of Sentencing favorable to the following)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the same.