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Reasons
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(영문) 서울북부지방법원 2013.11.08 2013고단1590
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 3, 2013, at least 21:35, the Defendant taken a gallon of the victim B (e.g., 29 years old) who was in front of the Egallon located in the exit area of 5 subway line No. 1, 1,000, the subway No. 99, Seongdong-gu, Seongdong-gu, Seoul, using the gallon image shooting function of S3 mobile phones, and taken 29 times from April 2013 to June 3, 2013, such as the list of crimes in the attached Table.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone with the camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of investigation reports (report on attachment of results of smartphone analysis) Acts and subordinate statutes;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts, Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc. and photographing them as stated in attached Table 29),

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

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Personal Information (see, e.g., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment) provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration,

However, this court has suspended the sentence against the defendant, while the defendant is in accordance with Article 61 of the Criminal Act.

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