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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단2136
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

Nevertheless, at around 17:00 on April 10, 2016, the Defendant posted a cell phone located in “C” located on the second floor of the building B in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, in a virtual phone, and taken a video image of an unspecified women’s panty bridge and panty panty panty gate that passed through the location of the cell phone, and from that time, taken a video image of the 39 women’s panty gate and the panty panty gate by the same method as above in the list of crimes in attached Form 20:40 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to photograph by attaching a report of investigation to a course;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes (Selection of Imprisonment);

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;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend Course: The defendant has the past criminal records and is subject to a fine for obscenity in the past; the photograph of this case was planned, and the circumstances favorable to many people subject to filming have shown an attitude to reflect: The photograph of this case has not been leaked; and the defendant's age, occupation, sex, family relation, motive, means and consequence of the crime, etc. are subject to registration and submission of personal information, taking into account all of the sentencing factors indicated in the record, such as the circumstances before and after the crime.

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