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(영문) 서울남부지방법원 2014.11.14 2014고단3345

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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

On June 1, 2014, at around 17:00, the Defendant was able to take a bath at “Del” 503 located in Yeongdeungpo-gu Seoul Metropolitan Government, and at around 18:30 on the same day, the Defendant took a picture of the victim E (the 23 years old, the 26 years old, and the 26 years old) and F (the 26 years old, the 505 age), who was flicked to the 505 room by putting the small siren connected to the 505 room, which was prepared by the arcer in advance, and f (the arc, the arc, the arc, the arc, the arc, the arc, the arc, the arc, the arc, the arc, the arc of which was h

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mechanical devices such as a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (report on the results of video reproduction);

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. Circumstances unfavorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: In light of the background, mode, etc. of the instant crime, the crime is very poor in light of the background, mode, etc. of the instant crime; circumstances favorable to the fact that the victims suffered from the instant crime appears not to have considerable mental damage: The defendant is committed at the time of and reflects the crime; the victims do not want to be punished; the victims do not have any criminal records of the same kind or suspended execution; and other facts that the defendant has no criminal records of the same kind or suspended execution. In other cases, Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where the conviction of the defendant against the crime subject to registration becomes final and conclusive, taking into account the various circumstances that form the conditions for sentencing as shown in the records