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(영문) 서울북부지방법원 2014.06.11 2014고단717
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
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

1. On January 29, 2014, around 02:35, the Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes (Influence of Public Places) entered the victim into a female toilet in order to take a photograph of the cPC located in the first floor above the Seoul Special Metropolitan City, Nowon-gu, on January 29, 2014, and the victim D (influence, 32 years old) went to the toilet.

Accordingly, the defendant invadeds on women's toilets to satisfy sexual desire.

2. A defendant who has attempted to violate the Act on Special Cases concerning the Punishment of Sexual Crimes (Ameras, use and photographing) shall be punished by attempted to take the form of the victim by inserting a cell phone in which the victim is placed, in a time, place under the preceding paragraph, and in such a way as to be melted by a meras, and in such a place, the victim who discovered the meras, attempted to flee with sound and to flee.

Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual humiliation against his will and attempted to take the victim's body against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 12 and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Articles 15 and 14 of the same Act, and the selection of imprisonment with prison labor, respectively;

1. Article 62 (1) of the Criminal Act;

1. In full view of all the circumstances, including the fact that the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good and does not agree with the victim, and that the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment and is against the defendant, the punishment

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration.

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