beta
(영문) 대전지방법원 2014.01.22 2013고단4188

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

[2013 Highest 4188] On September 13, 2013, the Defendant taken the 14th floor of the D Hall elevator located in Seo-gu Daejeon, Seo-gu, Daejeon on September 13, 2013, the part of the bridge under the body of the victim, which could cause a sense of sexual shame by using S3 smartphones, after the victim's defect.

[2013 Highest 4403] At around September 17, 2013, the Defendant taken the body of another person who may cause sexual humiliation over 15 times in total, as described in the list of crimes in the attached Table, within the G convenience store located in Yansan-si, Seoul Special Metropolitan City, by means of S3 smartphones, so as to cause sexual humiliation to the victim H (n, 19 years of age) working for the above convenience store by using S3 smartphones with the gallon function of his own, and taken the body of another person against his will so that he may cause sexual humiliation.

Summary of Evidence

[2013 Highest 4188]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Photographs (2013 Highest 4403);

1. Defendant's legal statement;

1. Each statement;

1. Application of Acts and subordinate statutes to an investigation report;

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

1. Selection of each sentence of imprisonment with prison labor (in consideration of the fact that the person has been punished by a fine for the same kind of crime two times in 2013, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the place and part of shooting, and the fact that there is no other criminal records except for the previous fines on two occasions, and the motive and circumstances of the crime);

1. Article 62-2 (1) of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Determination that the confiscation is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act;