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(영문) 서울중앙지방법원 2014.08.20 2014고단4211

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

The defendant had a mind to photograph the body of the chronological bridge, etc. in a mixed place, such as subway stations, along with women's rears.

On March 2, 2010:01, the Defendant followed a female victim, whose name is not known at the Seocho-gu Seoul Metropolitan Government Health Control Esponsor, and taken a photograph of the victim's bridges by using the Defendant's Handphone camera function, and then taken the victim's Handphones from April 11, 2014, such as the victim's b6 times as indicated in the separate crime list, from that time to April 11, 2014.

Accordingly, the defendant taken 26 times against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A mobile analysis chrony;

1. Application of output photographs statutes;

1. Relevant provisions on criminal facts, the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 13(1) (Attached No. 1 through 15), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Each Sexual Crimes (Attached Table No. 16 through 26), and each choice of imprisonment with prison labor, respectively.

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;

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

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that the victim of this case reached 20 persons, and that the taken pictures are transferred, and that the Defendant’s Handphones contain a large quantity of pictures causing a sense of sexual shame, is disadvantageous to the Defendant.

However, the fact that the defendant is the first offender and is divided into his mistake, and the age, character, character and environment of the defendant.