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(영문) 서울북부지방법원 2017.11.09 2017고단3512

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 May 2, 2017, at around 00:42, the Defendant discovered the victim D (n, 20 years of age) who was frightened from the 6 line in Seoul Special Metropolitan City, Nowon-gu, and was frightened, and discovered the part of the victim’s bridge by using smartphone camera in his possession. On September 13, 2016, the Defendant taken the body of the female under the name of the victim from around 23:2 to December 10:02, 2016, in total eight times, as indicated in the list of crimes in the attached Table of Crimes.

Accordingly, the Defendant had attempted to photograph or photograph another person’s body which may cause sexual humiliation or shame against his will.

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 to a report on investigation (Attachment of List of Offenses);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the attempted use of a camera or any other device), Article 14 (1) (the use of a camera or any other device) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor, respectively;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 sentencing is determined.