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(영문) 서울중앙지방법원 2014.07.16 2014고단2796

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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

On April 19, 2014, from around 14:00 to 16:12 of the same day, the Defendant taken screen pictures against the victims from the Defendant’s Samsunggal justy jumthy ( Model Name SV-E330K mobile phones) by using the Defendant’s Samsung Galthal justy juthy juthy juthy juthy jus ( Model Name SV-E330K mobile phones) cell phones from around 14:0 to around 16:12 of the same day.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs by capturing a mobilephone);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

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

1. Where a judgment of conviction against the defendant on the criminal facts in the judgment that constitute a sex offense subject to the registration of personal information is finalized because the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act, since he/she is a person subject to the registration of personal information under Article 42(1) of the same Act, if the conviction against the defendant on the criminal facts in the judgment that constitutes a sex offense subject to the registration of personal information, which is committed in the case of the crime of this case, by drilling the hole of the crime of this case.

The defendant suffers due to the age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order.