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(영문) 서울중앙지방법원 2018.12.27 2018고단7404

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2018, at around 23:15, the Defendant, using the gallon function of subway No. C Station No. 1 in Jongno-gu Seoul, Jongno-gu, by using the gallon function of the Defendant’s 8 mobile phone gallon, taken the part of the victim D (n, age omitted) who suffered a short blue-line using the above galator around 9 seconds in front of the Defendant.

From April 9, 2018 to August 15, 2018, the Defendant taken photographs of another person’s body against his/her will using a camera or other similar device for the purpose of causing sexual humiliation or shame at least nine times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Police seizure records and list of seizure;

1. Investigation report (to attach printed materials, such as photographs of crimes, etc. on cell phones submitted voluntarily by the suspect);

1. Application of Acts and subordinate statutes, such as photograph of crimes;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the primary offender, the fact that the defendant is the primary offender, the content and method of the crime, and the circumstances, are likely to have low risk of recidivism of a sexual crime, and the defendant may have an effect to prevent recidivism even by taking lectures in registering personal information and taking lectures in treating sexual assault;

Other social benefits expected by the disclosure order, notification order, and employment restriction order, and sexual crimes.