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(영문) 서울중앙지방법원 2014.10.31 2014고단6024 (1)

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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

On June 20, 2014, at around 19:50, the Defendant: (a) 4 meta-ro 81 in Jongno-gu Seoul Jongno-gu Chang University was melting in the male toilet of the underground shopping center; (b) the Defendant heard the sound of a sexual intercourse with the victim B (a family name, 23 years old), C (a family name, 18 years old) and C (a family name, a female name, and 18 years old) in the inner part of the partitions, and taken a mobile phone image of the victim’s sexual intercourse with his/her hand, while the Defendant heardd the victim’s sexual intercourse.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and C;

1. Each statement of B and C;

1. A complaint;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes governing video CDs taken by victims;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is the first criminal defendant, and the victims did not agree with the victims that their errors are against the defendant. The victims wishing to make a strict punishment against the defendant, considering all the sentencing conditions, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, where the conviction of the defendant against the crime subject to registration of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to related agencies pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of the crime of this case, and the defendant's age, occupation, risk of recidivism.