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(영문) 서울동부지방법원 2018.11.09 2018고단2592
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 June 5, 2018, at around 21:16, the Defendant taken a dynamic image image of the victim D (one, the other, the other, the other, the other, and the other, the age of 34) in the upper partitions of the two female toilets in Seongdong-gu Seoul, Seongdong-gu, Seoul, using the cell camera function of the cell phone in which the Defendant was going back to the upper partitions.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Investigation report (No. 11 once a year);

1. Report on the results of analysis of digital evidence;

1. Application of field photographs, restored video CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. In full view of all the circumstances, including the Defendant’s age, family relation, background and process of the instant crime, benefits and preventive effects expected due to the instant disclosure order and notice order, and adverse effects therefrom, Article 47(1)1 of the Criminal Act and Article 49(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notice order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relation, background and process of the instant crime, and the benefits and preventive effects expected from the instant disclosure order and notice order, there are special circumstances that may not disclose and notify the Defendant’s personal information

As such, a disclosure order or notification order shall not be issued to the defendant.

The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social relationship of the defendant, record of the crime, and crime) exempted from the employment restriction order.

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