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(영문) 서울서부지방법원 2014.11.19 2014고단1997

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2014, the Defendant made a public performance and obscene act by openly committing the act of self-defashing the sexual organ at the D convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, at the time of 21:20 on March 22, 2014.

2. Around March 28, 2014, the Defendant intruded into a female public toilet with an aim to satisfy his/her sexual desire on the 12th floor of the F building in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with a view to having his/her sexual desire satisfied, around 22:00.

3. The Defendant found the Victim G (Ameras, 23 years old) from the first column of the toilet at the same time and place as that of paragraph (2), and taken the body of the Victim G who could cause sexual humiliation using a cell phone camera in which the Defendant was in possession of the Defendant, and taken the side screen, and taken the two sides of the toilet, and taken the side screen, and taken the body of the Victim G who could cause sexual humiliation using a cell phone camera in which the Defendant was in possession of the above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 245 of the Criminal Act, Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the point of public performance and obscenity, the point of intrusion on public places, the choice of imprisonment), Article 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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction on a sex crime subject to registration is confirmed under Article 48(1) of the Confiscation Criminal Act, which is subject to registration and submission of personal information, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same