beta
(영문) 서울중앙지방법원 2015.08.21 2015고단3646

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

On June 5, 2015, at around 19:27, the Defendant: (a) taken the victim’s diverse image by going back to the back of the victim’s body part of the balma, which could cause a sense of sexual shame and cause a sense of sexual shame of the victim, by using the short gallon function of S2 mobile phones, which is owned by the Defendant, using the short gallon function of Samsung Galtho-gu, Samsung Galtho-gu, Samsung 2015.

From around 18:04 of the same day to the above date, the Defendant taken the body part of the victim’s body part in the body part in the attached list nine times in total, as described in the attached 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. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

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

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. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the defendant's age, character and conduct, family relationship, and the motive and nature of the crime of this case as to the crime of this case, where the nature of the crime is not good in light of the methods, frequency of taking pictures, and the contents of taking pictures, and the defendant's age, character and conduct, family relationship, and the motive and nature of the crime of this case after committing the crime.