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(영문) 의정부지방법원 고양지원 2019.03.28 2019고단34
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:30 on July 3, 2018, the Defendant discovered the victim D (name, 25 years of age) and the victim E (name, 25 years of age) in the exit stairs No. 2, Mapo-gu Seoul Metropolitan Government, Seoul, and No. 2, 3:30 on July 3, 2018, the Defendant, following the victims, taken the victim’s body and jum of the victims, who suffered leging or flaging, wherein the panty line was exposed to.

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. Each protocol of the police statement concerning D (tentative name) and E (tentative name);

1. Investigation report (verification of additional crimes video images);

1. Report on internal investigation (related to the confirmation of cell phone files seized by a suspect);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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 reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) the Defendant recognized and is in depth against the offense.

Defendant has no record of criminal punishment.

The victims suffered a large sense of sexual humiliation and complained of the damage.

Punishment shall be determined by comprehensively taking into account the physical condition of the victims, the degree of exposure, the possibility of identification of face, the method of photographing, the age, character and conduct, environment, motive and means of the crime, the circumstances after the crime, etc.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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