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(영문) 의정부지방법원 고양지원 2017.03.22 2017고단297

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 2, 2016, the Defendant: (a) taken a film of the body of female victims who were in front of the victim D (the age of 25) who had been in front of the 20:35 arm’s length at the exit c8 out of the exit c. c. c. c. c. c., the Defendant, as indicated in the list of crimes in the attached Form, from July 1, 2015 to November 20:35, 2016, by 40 times from around 07:06 to around 20:35, 2016.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs of screen pictures;

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. The reason for sentencing under Article 48(1) of the Criminal Act is that the victims of this case are many victims disadvantageous to the defendant.

However, it is reasonable to consider that the defendant did not have the same criminal record and appears to reflect.

Other types of photographs shall be determined as per the order, comprehensively taking into account the parts of photographs, the age, sex, environment, circumstances after the crime, etc. of the defendant.

When a conviction on a crime in the judgment that is a sex crime subject to registration and submission of personal information 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 a related agency under Article 43

The defendant's age, occupation, risk of recidivism, and exemption from an order to disclose or notify personal information.