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(영문) 서울남부지방법원 2016.04.29 2015고단4908
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2015, at around 18:32, the Defendant taken visual images or taken photographs of the parts of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s cab. From March 8, 2015 to March 8, 2015, using the above camera’s function as indicated in the list of crimes.

Accordingly, the defendant taken the body of another person who caused sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Investigation report (Attachment of photographs of crime sight lists), photographs, investigation reports (Attachment of CDs recorded with records and videos), and details of cell phone storage;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, took visual images and photographs of the parts, etc. of the body part of the victimized women over 138 times at a time, and taken his sexual organ behind the victimized women;

In order to prevent sex crimes using carmers, which have been rapidly increasing, the fact that there is a need to strictly punish the defendant is disadvantageous to the defendant, but the defendant is divided into circumstances that are disadvantageous to the defendant, and the defendant's mistake.

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