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(영문) 서울중앙지방법원 2015.11.13 2015고단5737
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 18, 2015, at around 15:05, the Defendant taken pictures of the victim’s knife, knife, knife, knife, knife, knife, and knife knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, kn

2. At around 15:10 on the same day, the Defendant, using G2 smartphones with the victim’s fuckbucks, taken the victim’s fucks and bucks, by approaching the victim’s name unfolded female victim, who was flading the stairs at the same place.

Accordingly, the defendant taken twice against his will another person's body which may cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of evidentiary photographs);

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. 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. Probation under Article 62-2 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 under Article 48(1) of the Criminal Act is that the defendant has been punished twice by a fine for the same kind of crime, but he/she again committed the crime in this case, and therefore, the corresponding punishment is needed.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances after the crime, were taken into account.

A defendant shall be finally and conclusively convicted of facts constituting a sex offense subject to registration.

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