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(영문) 서울중앙지방법원 2015.03.13 2015고단67
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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 08:28 on July 2, 2014, the Defendant, at the Defendant’s house of Gangnam-gu Seoul E-gu Seoul building 329, followed the victim G (n, 21 years old) first f (n, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl, fl., fl., fl., fl., fl., fl., fl., f., f., f., f., f., f.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a mechanical device similar to a camera, and distributed the photographs.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of inspection and statement concerning G;

1. Statement of the police statement related H;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. Probation under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, taken the victim’s sleep image without permission, and transmitted his/her photograph to another person.

The Criminal Procedure Act and the nature of the crime of the accused seems to be severe and the victim seems to have suffered considerable mental damage due to sexual humiliation.

It is not good that the crimes of defendants are committed.

The defendant is going to reflect his mistake and not repeat his offense.

The victim G does not want the punishment of the defendant by mutual consent with only the victim G.

The defendant has no criminal record for the same kind of crime, and his/her age, character and conduct, family relationship, the motive and attitude of the crime of this case, and the attitude of the defendant after the crime are committed.

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