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(영문) 서울중앙지방법원 2016.06.24 2016고단2245

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2016, at around 19:20, the Defendant taken one minute image of a female victim’s body part in which it is impossible to find out that the Defendant’s name, who was equipped with a camera function from the stairs of subway No. 2 line E, No. 11 in Gangnam-gu Seoul Metropolitan Government, was using a phone carried phone No. 6, in which he/she was unable to know the name of the Defendant who was exposed to a short doping in the color co-ray, against his/her female’s will.

2. The Defendant, at the same place on the same day at around 19:45 day, taken a picture picture of approximately one minute against the female victim’s will, where it is difficult to find out the name of a short doping, which has a white fing pattern, in the color column, using the aforementioned portable telephone.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes governing photo and video CDs by capturing a video closure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the following specific circumstances with the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions as ordered shall be determined by comprehensively taking into account the level of photographs taken by the instant crime, Defendant’s age, sex, family environment, and circumstances before and after the instant crime.

In addition, even though one time of fine due to the same kind of crime has been punished by the same crime, the victim expressed his/her intent to commit the crime, and the attitude that reflects the depth of the crime, such as volunteer service activities, is self-helped to prevent sexual assault, and to not repeat the crime by receiving mental treatment, etc., the conviction on the crime of sexual crime, which is subject to registration, becomes final and conclusive.