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(영문) 서울중앙지방법원 2015.11.13 2015고단5437
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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

1. On May 12, 2015, the Defendant taken six photographs of the 17:15 subway powder lines located in Gangnam-gu Seoul, using the continuous photographic photographic function of digital camera (a 100D), owned by the Defendant, of the victimized women’s her name, who was placed at the top of the flame pattern, and whose name cannot be known, using the short tamper of the catus of the catus, and the lower body body of the victimized women.

2. At around 17:17 on the same day, the Defendant taken 17 photographs of the victimized women’s her son and the lower body part, where the name from which the Defendant was faced with the scam of the body pattern prior to the foregoing method, at the same place.

3. At around 17:20 on the same day, the Defendant taken six photographs of the her amb and the lower body part of the victimized women, whose names were the short ambling of the white doin pattern, which was seen earlier by the said method in the waiting rooms in the Gangnam-gu Seoul, Gangnam-gu.

Accordingly, the defendant taken 39 photographs of a total of 39 copies against the will of the victims, which could cause sexual humiliation or a sense of sexual shame.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to the analysis of seized articles;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include the Defendant’s age, character and conduct, family relationship, and circumstances before and after the commission of the crime, even though he/she had been sentenced to a fine for the same kind of crime and twice again, that the Defendant would reflect his/her mistake in preventing each of the crimes of this case and would not repeat the crime along with continuous mental treatment.

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