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(영문) 서울동부지방법원 2015.11.27 2015고단2997
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

1. On August 29, 2015, the Defendant: (a) around 17:00, on the bus stops in front of the new forest basin located in the Southern-ro of Gwanak-gu, Seoul Special Metropolitan City, 1614, boarded the victim’s name in the bus; (b) the Defendant’s cell phone located in the Kameras in the bus; and (c) taken the victim’s cell phone by inserting the cell phone located in the Kameras under the body of the victim’s body; and (d) taken the body part of the victim’

2. On August 29, 2015, at around 18:20, the Defendant discovered the victim’s name and infinite (e.g., age infinites) with the primary skin stored in Seongdong-gu Seoul, and taken the victim’s back and finites of the victim with the aforementioned cell phone in motion pictures.

The defendant continued to collect the above mobile phone from the victim's body under the body of the victim, and taken the body part of the victim's body by video.

Accordingly, the defendant taken the parts of the body of the victims who could cause sexual humiliation against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

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

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing of Article 48(1) of the Criminal Act is that the defendant recognized the crime of this case and reflects on it.

However, even though the Defendant was subject to criminal punishment of a fine of one million won for the same kind of crime in 2014, the Defendant committed the instant crime, and the method of committing the crime was interviewed, and the victims appear to have suffered considerable sexual humiliation, taking into account all the conditions of sentencing as shown in the instant pleadings, including the Defendant’s age, character and conduct, family relationship, environment, and the details and progress of the crime.

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