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(영문) 서울중앙지방법원 2016.07.13 2016고단3011
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

When seized type Samsung Samsung gallon(No. 1) is used, 4 gallon (No. 1).

Reasons

Punishment of the crime

Defendant’s smartphones:

1. On February 19, 2016, at around 13:30, screen pictures taken of the parts of the body of the victims in the name of the non-indicted victim who suffered a shorter mar in subway No. 1 line C Escoper in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the upper marba in front of the short marba in his name;

2. On the same day as the preceding paragraph 22:20 day, the lower part of the victim’s body was recorded by suffering the shorter mars from the stairs E of subway No. 2 in Mapo-gu Seoul Metropolitan Government, and the lower part of the victim’s body was recorded.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera, etc. against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (verification of video images stored in seized objects (Handphones), hand-on photographs;

1. Application of investigation reports (Attachment of criminal video CDs), 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 Selection of fines for the crimes in question;

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. The penalty surcharge of 2,500,000 won to be suspended (the following sentencing shall be considered as favorable to one another):

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Code is against the defendant's depth when he committed his crime in a net order. The first offender who has no record of criminal punishment so far, is a student who has not long been adults, the defendant's father and her mother who is his family member also expressed his intention not to mislead or prevent such a mistake again, and there is no circumstance that smartphone was seized on the day of the crime and the act of spreading photographs, etc. was conducted separately, and the level and contents of the photograph of this case, the defendant's age, sexual behavior, family environment, and crime.

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