beta
(영문) 서울북부지방법원 2018.12.13 2018고단3937

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2018, at around 19:17, the Defendant taken photographs of the body of victims, from May 1, 2018 to July 1, 2018, who might cause sexual humiliation or sense of shame, such as written in the list of crimes in attached Form 2, on eight occasions, by inserting cell phoness (or gallon 8) from the victim F (the age of 17) who was taking advantage of the cellular phone owned by the Defendant with a camera function in the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (report on the repreparation of crime inundation / Attachment of victim photographs/ CCTV images at convenience stores);

1. Protocols of seizure (voluntary submission), protocol of seizure and respective list of seizure;

1. Application of CD-related Acts and subordinate statutes containing a CD containing convenience point CCTV images, or any additional crime;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, disclosure and notification order, and the profits and effects expected by the employment restriction order, and disadvantages and side effects therefrom, the Defendant’s personal information disclosure and notification shall not be made or the Defendant’s employment shall not be restricted. In full view of Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) proviso (the proviso).