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(영문) 서울중앙지방법원 2017.06.30 2016고단8493

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 26, 2016, at around 10:45, the Defendant taken a crepane image of approximately 35 seconds using a mobile phone camera recording function, in which the crepane of the victim D (n, 34 years of age) who was dead at the time of the Defendant’s office located in the Gwanak-gu Seoul Special Metropolitan City CB01, was cut off from the victim D (n, n, and 34 years of age).

2. At around 15:04 on June 27, 2016, the Defendant, at the place specified in the foregoing paragraph 1, taken a 7-minute color image of approximately 47 minutes, using the mobile phone camera shooting function, on the face of the body where the victim was off his/her clothes and disclosed his/her chests, and sits in the bend.

3. On June 28, 2016, at around 14:33, the Defendant, at the place specified in the foregoing paragraph 1 above, taken a 17-minute 13 color image using a camera photographing function, the flacing part of the body of the Defendant, who was off his clothes, and was flaced by the Defendant’s sexual flag, on the part of the Defendant.

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or sexual humiliation against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of taking photographs, such as cameras) and the selection of imprisonment with prison labor;

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

1. Article 62(1) of the Act on the Suspension of Execution (limited to the case where the defendant photographs the body of the victim, as well as the case where the victim's and the victim's s s s s s s s s s s s s s s s s s s s s s s s s ss s

However, the fact that the defendant is the first offender, the fact that the defendant is pening his mistake, the fact that the defendant has reached an agreement with the victim late, the age, sex, and environment of the defendant.