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(영문) 서울중앙지방법원 2015.12.09 2015고단6385

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 28, 2015, at around 13:57, the Defendant taken the body part of the victim’s body, whose name cannot be known in front of the Defendant, by using mobile phones from the subway No. 7 LAE LAE, which is located in the Dongjak-gu Seoul Metropolitan Government SP, 310, and taken the body of another person against his will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to photographs (property seized and details of damage);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. On February 28, 2013, the Defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act was sentenced to a fine of KRW 5 million for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) in the Suwon District Court’s Ansan Branch on February 28, 2013, and on November 20, 2013, the same court was sentenced to a suspended sentence of 2 years for the same offense, but in addition, the Defendant, who committed this case, denies the Defendant by the prosecution.

In the last time, the defendant who reflects his/her mistake in this court is required to improve his/her personality and conduct through mental treatment, etc., and to submit personal information to a related agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where the conviction of the defendant against the crime that is a sex crime subject to registration of personal information is finalized in consideration of the defendant's age, character and conduct, family relationship, social relation, motive, means and consequence of the crime, etc., and circumstances before and after the crime, etc.

The defendant of the order of disclosure or notification.