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(영문) 서울북부지방법원 2014.12.10 2014고단3684

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 5, 2014, at around 12:45, the Defendant: (a) taken the name unexploited victim (at around 20, the first half of the year) who was exposed to the stairs in the dry-gu Seoul Special Metropolitan City Seoyang-dong 7-3 subway 2; (b) using a hidden lamera in one’s own bank; and (c) taken the name unexploited victim (at around 20, the Defendant taken the front half of the year, using a hidden lamera.

8. 22. from around 20:00 to the same year;

9. From May 12:45 to the same method, the victims’ body, such as the list of crimes in the annexed sheet, which might cause a sense of shame to female victims, were taken 25 times against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of victimized women;

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, respectively;

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

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

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

1. The sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend a lecture or community service order is limited to the degree of obscenity of the images taken in the instant case on the grounds of sentencing, and the frequency of the crimes is many. Meanwhile, the Defendant does not have any criminal conviction of the same kind or higher, and reflects the Defendant’s mistake, and other circumstances such as the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crimes, etc

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, details and motive of the crime, and crime of the defendant to issue an order to disclose or notify personal information.