logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.20 2017고단2008
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

On December 10, 2016, at around 23:54, the Defendant taken a video image of the lower body part of the victim’s body using the camera attached to the phone 6 mobile phone owned by the Defendant, which was attached to the son owned by the Defendant, from the victim E (n, 21 years of age, 21 years of age, and Ga) boarding an escalator from the D station platform located in Seocho-gu Seoul Metropolitan Government.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to investigation report (Attachment of video images to crimes stored on the cell phone of the suspect);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing equipment, such as camera), and the selection of imprisonment

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

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

1. On March 11, 2016, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant again committed the instant crime even though he/she had a record of being sentenced to a fine of KRW 3 million due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a camera, etc.) at the Seoul Central District Court.

쵤 영한 동영상의 내용을 보면 피해 자가 성적 수치심을 크게 느꼈을 것으로 보인다.

Defendant recognized the facts charged and runs counter to it.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be comprehensively considered and all the sentencing conditions specified in the arguments in this case and the records shall be determined as the same sentence as the order.

Where this judgment becomes final and conclusive to file for the registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in accordance with Article 43 of the same Act.

arrow