logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.10.16 2020고단2304
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 18:40 on July 27, 2019, the Defendant taken a photograph of the victim D (one’s name, half, and 20 years of age) who works in the vicinity of the crosswalk in Gwangjin-gu Seoul Special Metropolitan City, and goes beyond the scope of the Defendant’s mobile phone camera function, and taken the victim’s bridge part of the victim D (one’s name, half, and twenty years of age) from May 2019 to September 12, 2019 in the same way as the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. The application of E’s written report on the investigation into seizure records, the list of seizure records (a suspect’s escape), the investigation report (a suspect’s taxi riding confirmation report), the investigation report (specific suspect’s cell phone analysis report), the investigation report (a suspect’s cell phone analysis report), the digital evidence analysis report, and the CD-related Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice 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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The reasons for the sentencing of Article 48(1)1 of the Criminal Act for the confiscation of a criminal defendant have taken an intensive photograph of the victim’s bridges, etc., which may cause sexual humiliation over 55 times in total from the street to the cell phone camera, and the nature of the crime is not good in light of the motive for the crime, the frequency of taking pictures, the means and methods, etc.

The victims, including specific victims, have not agreed with all victims.

On the other hand, the defendant recognizes all crimes and reflects the mistake.

Defendant has no record of punishment for the same kind of crime, and photographs.

arrow