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(영문) 의정부지방법원 2017.05.19 2016고단5599
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2015, the Defendant was boarding the electric train of subway No. 09:21, and passed near the E station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu. On November 21, 2015, the Defendant discovered that a female victim, who was influent in his name, was seated with a short time, and the Defendant’s cell phone camera taken the front side of the bridge, such as the victim’s bucks.

In addition, from that to June 5, 2016, the Defendant taken pictures of the victims of women in a photograph and dynamic image at least seven times, such as the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence and photographs of each crime;

1. Application of the police seizure protocol statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for 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. Where a conviction becomes final and conclusive in regard to a crime in the judgment that is subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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