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(영문) 서울북부지방법원 2017.02.23 2016고단4684
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 2016, the Defendant: (a) taken three times following the victim’s name in the passage leading to the subway entrance using the cell phone function of the mobile phone in the subway prior to the subway train, and taken three-time picture of the victim’s bucks and the bucks and the bucks.

2. From July 19, 2016 to 17:55 on July 19, 2016, the Defendant: (a) taken one-time side of the victim E (the name, am, 18 years old) and the bucks and the bridges of the victim in front of the subway entrance by taking advantage of the mobile phone camera functions in the front line of the subway line No. 4, which passed between C and D located in Seoul, Nowon-gu, Seoul, Seoul, the Defendant taken the front of the subway entrance.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs;

1. Investigation report (whether the suspect is specified for committing any additional crime), photograph;

1. Application of seizure records and statutes concerning the list of seizure;

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

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) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected by the disclosure order and notification order of this case, and disadvantages therefrom.

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