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(영문) 의정부지방법원 2015.11.24 2015고단2166
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 June 18, 2015, around 09:01, the Defendant taken pictures of the victim’s clothes and buckbucks of the victim’s cell phone using the dynamic image photographing function located in the Defendant’s cell phone in Espacker located in Espacker located in 3, 363, spackspacks of the spackspacks.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on internal investigation (faculon video facules)

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the crime of the Defendant was committed in a planned manner.

In the event the photograph taken by the accused is disseminated, it cannot be deemed that the damage can be severe, and the defendant has the same criminal power in the same way. However, the sentence of suspension of execution is to be imposed in consideration of the circumstances such as the discovery of the accused at the site and the occurrence of additional crimes, the victim taken by the accused is only one, and the defendant is divided and reflected.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

Where a conviction against a defendant becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information, the defendant shall be subject to special cases on the punishment of sexual crimes.

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