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(영문) 서울동부지방법원 2018.11.22 2018고단3134

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:50 on May 4, 2018, the Defendant was used by the Defendant while in the room for male toilets of the third floor in Gwangjin-gu Seoul Special Metropolitan City.

With the knowledge that the victim D(n, 33 years old) is viewed from the side of the female toilet with which the walls are jointly owned, the body of the victim was taken by using the cell phone of the defendant who was located in the inner part of the finger, and the body of the body of the body of the victim was found to be melted by using the cell phone of the defendant who was located outside the body of the body of the body.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on seizure records;

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 stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relation, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure orders and the instant notification orders, and disadvantages and side effects therefrom), the Defendant’s personal information may not be disclosed or notified.