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(영문) 서울남부지방법원 2018.07.06 2018고단1235
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

피고인은 불특정 다수의 여성들의 치마 속을 몰래 촬영하기 위하여 천 재질의 가방( 증 제 2호) 옆 부분에 작은 구멍을 뚫은 다음 구멍이 뚫린 위치에 휴대폰 케이스를 실로 꿰매고 양면 테이프를 붙여 고정시킨 후, 위 케이스에 자신의 휴대전화( 증 제 1호 )를 끼워 넣는 방법으로 범행도구를 직접 제작하였다.

On December 23, 2017, at around 12:16, the Defendant: (a) carried a ceiling on a cell phone attached with the mobile phone as above, as seen earlier, in the G of Gangseo-gu Seoul Metropolitan Government, and took a knife image of a female female victim who suffered a stringer, even if they were followed by the backing female victim, and taken a knife with a knife image; (b) entered the victim up to the first floor of the said wabre; and (c) taken the knife of the victim into a knife image by putting the said bank down under the knife of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes by cutting a photograph of the victim's criminal tool, photograph of the victim, or a photograph of the victim's fright;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the number and contents of the instant crime, the criminal records of the Defendant, etc. shall be taken into account; however, considering the fact that the Defendant is against the Defendant, the sentence identical to the order shall be imposed by taking into account the following factors: the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc.

Judgment that is a sex offense subject to registration and submission of information.

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