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(영문) 의정부지방법원 고양지원 2014.12.12 2014고단1937

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 23, 2014, around 15:37, the Defendant taken pictures of the victims who might cause sexual humiliation or shame against the will of the victims in the subway station, etc. over 33 times in total, as described in the attached list of crimes, from November 14, 2013 to April 23, 2014, by taking a shorter galthro S4 cellular phone of the Defendant, which was located in the Kamerra, into the bottom of the victim’s name in which he was boarding the said Gamerra, and by taking the parts under the galthroth of the victim’s name, who was boarding the said Gamerra, and by taking the body of the victims who might cause a sense of shame or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photograph a file image stored in a seized mobile phone;

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, in relation to the relevant criminal facts;

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a judgment of conviction of a defendant against a sexual crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.