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(영문) 서울서부지방법원 2016.08.31 2016고단1420

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2016, around 15:41, the Defendant: (a) installed and possessed a small camera in the shopping bags No. 49-line D, Seoul subway No. 2; and (b) connected the said camera to a portable phone with the Defendant’s possession of the said camera, and taken a photograph of the lower body part of the female victim’s body in the name of the victim against the victim’s will.

2. On April 2, 2016, the Defendant continued to commit the crime in front of D, the Defendant taken a photograph of the body body body of a female victim who is not his/her name, in the same manner as paragraph 1, from the front of the exit exit No. 49, Seoul subway No. 15:45, Apr. 2, 2016, against his/her will.

The Defendant taken the body of another person, which may cause sexual humiliation or shame, using a mechanical device with a camera function twice as above, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as photographs of seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, etc.) applicable to the crimes and the selection of punishment;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant committed a crime in a planned and consistent manner, such as drilling a hole in shopping bags and photographing a camera; (b) the sentence of imprisonment is imposed; (c) the Defendant has no same record and has lived in good faith since 2002 without criminal history; and (d) the execution of the sentence is suspended; and (c) the Defendant is subject to protection and observation to prevent recidivism.

When the conviction of this case against the defendant who registered personal information of this case is finalized, the defendant is personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.