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(영문) 서울북부지방법원 2016.12.15 2016고단4598

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

1. Around May 2016, the Defendant taken the body of the victim against his will, on the name of the victim, who was taking a short flacing horse using the camera function of LG G3 mobile phones located in Seongbuk-gu Seoul, Seoul, by taking off the part of the body of the victim, which might cause sexual humiliation or sense of shame.

2. On August 20, 2016, at around 08:14, the Defendant taken pictures against the victim’s body, which might cause sexual humiliation or sense of shame by taking off the part of the part of the victim D (n, 45 years of age) where he gets a short flac with the short flac functions of the LGG G3 mobile phone camera function in the subway C Station No. 6 located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (Attachment of data on cellphone analysis), damage photographs;

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

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

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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 relationship, criminal record and risk of repeating a crime, and the benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., the Defendant’s personal information may not be disclosed or notified, in light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism.