logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2020.04.22 2019고단2216
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

Criminal facts

On March 30, 2019, at around 23:35, the Defendant entered the front space of the “C” main space in Yongsan-gu Seoul Metropolitan Government, and the front space of the victim D (the name of the victim, the age of 33) into the front space in Yongsan-gu, and then opened the Defendant’s cell phone screen picture camera with the Defendant’s cell phone screen coverer in a space between the front space and the wall, and taken the screen image of the victim after allowing the Defendant to become the victim with the front space in a space between the front space and the wall.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of the investigation report, on-site photographing statutes;

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

1. 몰수 형법 제48조 제1항 제1호 양형의 이유 다중이 이용하는 공중화장실에서 카메라 등을 이용하여 타인의 신체를 촬영하는 행위는 죄질이 매우 나쁠 뿐만 아니라, 촬영된 영상이 유포될 가능성이 있다는 점에서 그 위험성도 크다고 할 것이다.

However, in light of the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s immediate deletion of images immediately after shooting, the Defendant did not have any history of criminal punishment; and (b) the Defendant did not have any history of criminal punishment; (c) the Defendant

The facts of the crime on which personal information shall be registered and submitted.

arrow