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(영문) 서울남부지방법원 2018.10.31 2018고단4291

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 2018, the Defendant set up one screen in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a view to meeting his/her sexual desire in the first floor toilets in Yangcheon-gu, Yangcheon-gu, Seoul, for the purpose of satisfying his/her own sexual desire, and taken a picture against his/her will against his/her will to view this change.

2. On June 29, 2018, from around 10:25 to 12:15, the Defendant installed one cell phone for A-phone mobile phones and one part and two parts on the mouths of a toilet for the purpose of meeting his/her sexual desire in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a view to satisfying his/her own sexual desire, and taken a picture against his/her will against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Each statement;

1. Application of Acts and subordinate statutes to each investigation report (No. 12, 13 No. 13)

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

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 suspended execution;

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

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

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on the Protection of Children and Juveniles against Sexual Abuse is that the Defendant taken a victim after setting up a mobile phone in a toilet, and the nature of the crime is not somewhat weak in light of the background of the crime, the level of shooting, etc.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, etc., shall be determined by considering the fact that the defendant is against his/her mistake, the victim does not want the punishment for the defendant, the defendant has no record of punishment for a sex offense, and the defendant has no record of punishment for a sex offense

A defendant shall be finally and conclusively convicted of facts constituting a sex offense subject to registration and submission of personal information.