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(영문) 서울남부지방법원 2016.05.13 2016고단1067

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

On June 15, 2011, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.). On July 22, 2011, the Defendant received a summary order of KRW 3 million from the same court as the same crime.

On July 21, 2015, around 07:35, at the subway E Station E Station located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant taken a visual video screen between five-10 seconds and ten seconds, using the Defendant’s mobile phone camera function of 5S mobile phones.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the results of analysis of digital evidence;

1. Investigation report (case on results of analysis of digital evidence);

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as a report on previous convictions and results of confirmation, summary order, and criminal history;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act committed the crime of this case in addition to the fact that the defendant had been sentenced twice to a fine for the same kind of crime, and that there is a need to strictly punish the defendant in order to prevent the sex offense using the camera rapidly increased, the circumstances that are disadvantageous to the defendant, the fact that the defendant repents and reflects his mistake, and the number of the defendants' crimes is limited to one time.