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(영문) 서울북부지방법원 2017.07.06 2017고단1867

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2017, around 11:28, the Defendant taken a video image of approximately 39 seconds against the victim’s will, on the part of the victim’s body part, which could cause sexual humiliation in the 4th cellular phone fluor during the fluence fluence fluent fluent fluor, in front C C, No. 8 of the electric metal C, located in Sungnam-si, Sungnam-si, Seoul, about 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A video CD with the body part of the victim taken by the victim;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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. 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, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that there is a record of being punished twice by a fine due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.) is a sex offense subject to registration to be registered, and to register and submit reflect personal information.