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(영문) 서울남부지방법원 2015.01.26 2014고단4864

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, the Defendant taken 16 times against the Defendant’s will, within the Gangnam-gu Seoul Building 201, a photo of the victim D (n, 26 years of age) who was drunk by using the Defendant’s gallon-2 mobile phone camera function, a photo emphasizing the negative body, a photograph emphasizing the negative body, a photograph emphasizing the negative body, such as a photograph spawnizing a bottle in a negative body, etc.

2. After distinguishing the victim from the victim, the Defendant: (a) sent the victim’s body pictures, sexually related videos, etc. to the victim to capture the pictures; and (b) had the victim talked from time to time to time with the victim’s parents; (c) the victim her her m, who did not look at the Defendant, had his her son’s son’s son’s son’s son’s son’s son’s son’s son’s son

On May 5, 2014, the Defendant posted the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the defendant openly displayed photographs taken by the victim who could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims D;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In light of the method and content of each of the instant crimes for sentencing under Article 48(1)1 of the Criminal Act, although the nature of the crime is not weak, the fact that the Defendant recognized his mistake and reflects it, the fact that the Defendant agreed with the victim, and the same kind of crime.