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(영문) 서울중앙지방법원 2015.05.15 2015고단1637

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 of the final judgment.

Reasons

Punishment of the crime

1. On November 15, 2014, from around 16:07 to 17:56 the same day, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by photographing the body of the victim C (n.e., 40 years of age) who takes shower in a bath room using the Defendant’s mobile phone, at a Moel where it is difficult to know the name of the Defendant’s cell phone during the period of 30 seconds, and taken the body of another person, who may cause sexual humiliation or sense of shame, on three occasions against the Defendant’s will, by taking the victim’s sexual organ into a video for 6 minutes and 3 minutes of age 18.

2. At around 10:10 on December 27, 2014, the Defendant taken, using the Defendant’s mobile phone, the body of another person, who might cause sexual humiliation or sense of shame, by photographing the body body immediately after the victim sawed, for 30 minutes and 58 seconds after the victim saw out, using the Defendant’s mobile phone, in which the name of the film located in the Suwon-si, Suwon-si, Suwon-si, the Defendant taken the body of another person against his will

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. gallon photographs, detailed information photographs, and evidence screen pictures of a mobile phone, four copies of screen pictures, video CDs, and results of analysis of digital evidence of the mobile phone;

1. Application of Acts and subordinate statutes on police seizure records;

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 (the occupation of using carmeras and the selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of the suspended sentence);

1. The reason for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant is deeply divided and reflected in the instant crime, and the Defendant’s age, character and conduct, and circumstances after committing the instant crime, etc., and the conditions for all the sentencing specified in the records and arguments, including the Defendant’s age, character and conduct, shall

Where a conviction against the defendant is finalized on the criminal facts of paragraph (1) of the judgment that is a sex offense subject to registration of personal information.