beta
(영문) 서울남부지방법원 2019.05.22 2018고단5355

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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

At around 01:20 on January 8, 2018, the Defendant taken photographs against the victim’s will using the Defendant’s mobile phone with the rear stringing function, where it is difficult to know the trade name on the horizontal plane of Gangwon-gu, Gangwon-do.

On January 8, 2018, at around 01:21, the Defendant, using the Defendant’s mobile phone, connected the Defendant’s mobile phone to “C” on the bulletin board, a website, and posted the victim’s photograph taken as above under the title “D”.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using his mobile phone, against his will, and distributed the photographed objects.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on output of a site;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) and Article 14(2) and (1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); the selection of each imprisonment with prison labor;

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. The nature of the crime is not good in light of the fact that a photographer was posted through an Internet site with strong radio wave, etc. on the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service, but the defendant's recognition of the crime of this case and seriously reflects the crime of this case, the first offender who has no record of criminal punishment, the photographer of this case alone is hard to identify the victim, and other various sentencing conditions, including the defendant's age, character and behavior, family environment, etc., shall be determined as per the order

registration of personal information and.