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(영문) 서울서부지방법원 2016.06.24 2015고단3207
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 17:50 on August 30, 2015, the Defendant extracted the Defendant’s buckbucks and pans in advance from “D” located in Mapo-gu Seoul, Seoul, where the Defendant carried the joints of the Defendant’s buckets (Evidence No. 1) and stored the joints of the telephone (Evidence No. 1) in the joints of the joints, and taken 30 female victims on a total of 10 occasions, such as the list of crimes in the attached Form No. 1, from that time until September 4, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Mobile images stored in a mobile phone;

1. Application of the police seizure protocol statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., conditions favorable to the following reasons for sentencing):

6. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Protection and Observation.

7. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

8. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

9. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. favorable circumstances: The acts of reflecting the truth by recognizing the error, and the fact that E does not want to severely punish the defendant among the victims, etc.;

1. Unfavorable circumstances: The defendant was sentenced to a suspended sentence of imprisonment for the same crime and committed each of the crimes in this case at the same time for about eight months with the lapse of the suspended sentence, and the defendant drilling the hole for physical exercise.

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