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(영문) 서울북부지방법원 2016.12.15 2016고단4211

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

On August 30, 2016, at around 02:25, the Defendant taken pictures of the body of victims against their will that could cause sexual humiliation or humiliation by taking a gallon 4 mobile phone camera in front of the E BankM flag located in Gangnam-gu Seoul, Gangnam-gu, and the body of victims who might cause sexual humiliation or shame by taking a gallon of the victim F (the age of 19) who was seated by gallon, and taken a gallon image of the victim F (the age of 19) on May 10, 2015, from around 22:42, to the above date and at around 12 times, such as the attached list of crimes, from around 2:42, 2015 to the above date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (to attach photographs of crimes in suspect mobile phones and video files), video CDs;

1. Investigation report (the results of analysis, such as photographs and photographs stored in suspect mobile phones), photographs, etc.;

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 light of the following circumstances: (a) 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; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment; social ties; (c) the risk of recidivism; and (d) profits and preventive effects expected from the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom, the Defendant’s personal information should not be disclosed or notified.