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(영문) 서울북부지방법원 2016.02.18 2015고단3386

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence shall be suspended for the defendant.

When seized gallon, one window smartphone (No. 1) is used.

Reasons

Punishment of the crime

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

However, the defendant was suffering from fluority due to the difference between the victim (e.g., 19 years of age) who is a studio room and living habits. On June 30, 2015, the victim in the D Building in Seongbuk-gu Seoul, Seongbuk-gu, took the image against his will by using the gluor function of the window smartphone when the victim suffered e-mails and npanty only from the victim in the D Building in Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to each protocol;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to the seizure protocol (including the list of seizure);

1. Article 14 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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 of this Act

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The Defendant’s age, occupation, risk of recidivism, the details and motive of the offense, the method and consequence of the offense, and seriousness of the offense, the method and consequence of the offense, the order of disclosure or notification is due to an order of disclosure or notification.