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(영문) 서울남부지방법원 2016.04.08 2015고단5195
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 29, 2015, around 12:56, the Defendant taken 210 pictures and videos of the victim F (V), who was in front of the Defendant, using the gallon function of a mobile phone gallon in the subway line E line located in Gangseo-gu Seoul Metropolitan Government, using the gallon function of the Defendant at the gallon of the Defendant, and taken the gallon image of the victim F (V, who was in front of the Defendant) from the early police officer on June 2015 to the above day from June 210, 2015, as shown in the list of crimes, on a total of 210 occasions as shown in the list of crimes.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. Investigative report (Attachment of results of the cellular phone restoration), replies of results of analysis, photographs taken by the accused, and CDs of photographs;

1. A criminal report (Attachment, such as a list of crimes), a list of crimes, photographs, video CDs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant taken a secret body part, such as a fatch or bridge, etc. of victimized women over a relatively long period of 210 times, and the nature of the crime is not good, which is unfavorable to the defendant, or it is against the defendant, that the defendant repents his mistake and is in depth, and does not repeat again through counseling treatment and service activities, and that the defendant has no record of punishment.

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