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(영문) 인천지방법원 2015.08.20 2015고단3455
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 23, 2015, at around 08:43, the Defendant, at around 3, 2015, taken the 309 subway line 7 subway lines from the Defendant’s cell phone using the camera function located in the Defendant’s cell phone in the erode digital team located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant taken three kin and kin 49 seconds and kins of the Defendant’s cell phone.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to investigative reports (Attachment to photographs by cutting video images taken by a suspect);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code seems to be considerable mental impulses and sexual impulses of victims due to the crime in this case. However, the defendant's time to commit the crime and seriously reflects the defendant, the crime is committed once, the defendant is the first offender who has no record of punishment, the defendant maintains a normal marital relationship, has been engaged in good faith in the workplace, has been engaged in good faith in the workplace, and has been able to lead a healthy life without preventing recidivism. In addition, considering the various factors stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing such as the defendant's age, character and conduct, environment, etc. as shown in the records and arguments in this case, the sentence of the defendant shall be suspended because the circumstances of the crime in this case are significant.

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