beta
(영문) 대구지방법원 2013.11.07 2013고단5487

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant remodeled his mobile phone so that it does not play a sound when taking a tape, and tried to take a bridge, tamp, clothes, etc. of the women passing through a street using a camera located in the mobile phone.

Thus, from around 06:35 to July 23, 2013 to around 17:32 of the same day, the Defendant accessed women who were under way of using short fash or short fash from the bus platform of the “E” located in Sinsan City, and taken a photograph of approximately 285 of the above methods, such as taking a photograph of 17 times as described in the list of crimes, by inserting the cell phone camera in a bamer, taking the clothes, etc. in a bamer, or taking the bath or fath from the bamer to the bamer, etc. in a bamer, and taking the bamer, etc. from May 15, 2013 to July 23, 2013.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Seizure records;

1. Image photographs of the cell phone storage;

1. Each statement of G, H, I, J, and K;

1. Each investigation report (to take photographs of seized articles and attach photographs stored in the suspect mobile phones);

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to photographs of victimized women;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Crimes committed before June 18, 2013: Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

(b) Crimes on and after June 19, 2013: Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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 on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

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

1. Confiscation.