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(영문) 서울서부지방법원 2017.02.03 2016고단1811

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 3, 2015 through June 2015, the Defendant, within the “C” guest room located in Gangnam-gu Seoul, sent six photo files to F, from among the video images taken by the victim’s body, he/she sent to F a photographic file, which was taken by using the victim’s body Macphone E at an insular location around September 22:38, 2015, using the victim’s body Macl (hereinafter “C”), with the gallon 3 smartphone, with the victim D (n, 24 years old), with the victim D (n, 24 years old).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using smartphones against his will and provided the photographer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The former part of Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera), and the latter part of Article 14 (1) of the same Act (the point of providing photographs);

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes.

5. Reasons for sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the order to attend lectures;

1. Unfavorable circumstances: The fact that the defendant has been punished at least ten times, such as the suspension of the execution of imprisonment with prison labor; the fact that the defendant has taken photographs of the victim as well as the fact that the nature of the crime is very poor; the victim appears to have suffered from extreme mental pain due to the relevant photographic material; and the victim has not received a letter from the victim;

1. A favorable circumstances: The defendant's mistake is recognized, there is no previous conviction in the same kind, and the relevant photographic material is not leaked out of the outside;