logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.02 2016고단4200
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On September 4, 2015, the Defendant was sentenced to two years of suspension of the execution on September 12, 2015 by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) at the Seoul Central District Court, and the judgment became final and conclusive on September 12,

【Criminal Facts】

On June 18, 2016, at least 17:34, the Defendant taken a photograph of 21 female victims in distress of name, as described in the attached list of crimes, from around the subway 2 line D to the subway 2 line D on June 19, 2016, who was in possession of the Defendant against the Defendant, who suffered a white reflectd female in front of the Defendant, 41 seconds, such as the victim’s bridge, to the 41st cell phone of the victim, and from that time until June 15:06, 2016, the Defendant taken a photograph of 21 female victims in distress of name, such as the list of crimes.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Seizure records;

1. Each photograph;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, even after being sentenced to a fine twice or more for the same crime, and even after being sentenced to a suspended sentence, the same crime has been committed during the period, and the number of times the crimes has been committed is also not a significant number of times, and thus, the sentence shall be sentenced. However, it does not include a photograph by inserting a camera under the body of women, but is a bridge part exposed to outside, the entire photographed image is a whole photograph of the crime, the entire confession and reflect of the crime, and all other conditions of sentencing, including the defendant's age, character

arrow