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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단2961
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 18:30 on June 30, 2019, the Defendant taken pictures of the body of women on a total of 24 occasions from April 1, 2019 to June 30, 2019, the Defendant taken pictures of the body of women from around April 1, 2019 to June 30, 2019, the victim D (the age of 42) was a mobile phone camera with which the victim was able to take the body of the victim.

Accordingly, the defendant taken the body of a person who may cause a sense of sexual shame or desire by using a camera, etc. against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Evidential photographs (pactics of female body, body, photographics, 24 pages);

1. Application of Acts and subordinate statutes to the records of seizure;

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, in relation to the relevant criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act was 24 times the defendant taken the crypology of the victims, and the frequency of taking the pictures and the degree that the taken pictures might cause sexual injury is not easy in light of the frequency of taking the pictures.

However, the defendant shows his attitude to recognize the crime, repent in depth, and not repeat the crime, and the parents of the defendant are also trying to guide the defendant.

The defendant is the first offender, and each of the crimes of this case was committed after the defendant became an adult.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and the relationship with the victim.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant shall Article 42 (1) of the Act on Special Cases concerning the Punishment, etc

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