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(영문) 서울동부지방법원 2015.11.19 2015고단2453
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 March 4, 2015, at around 10:30, the Defendant: (a) taken the victim’s cell from the toilet located in the second floor of Seongdong-gu Seoul Metropolitan Government, into the said toilet according to the victim, and taken the victim’s body against the victim’s will over a total of 17 times from February 13, 2013 to March 4, 2015, including taking the victim’s cell phone device with a recording function in the front section of the screen used by the victim, and taking the victim’s cell device against the victim’s will, in which the victim’s body can be seen as being melted by taking the screen image against the victim’s will and causing sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to C by the police;

1. As to the investigation report (as to the charge), the investigation report

1. Application of the Acts and subordinate statutes governing the photographic image of the victims taken;

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, respectively;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. The confiscation period of a crime with the reason for sentencing under Article 48 (1) 1 of the Criminal Act is a long-term period and the number of times of taking pictures is also many, and the nature of the crime is not easy in light of the object of taking pictures, the contents of the crime, the circumstances of the crime, and

However, the punishment shall be determined by taking into account all the factors of the sentencing indicated in the record, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, as well as the suspension of indictment on thief in 2015.

The judgment on a sex offense subject to registration shall be written.

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