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(영문) 서울중앙지방법원 2018.10.18 2018고단4325
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant and the victim D (the age of 23) were dead from June 2014 to July 2016.

On February 2, 2016, from around July 2016 to around July 2016, the Defendant taken three-time photographs of the victim’s face, chest, and negative part, who was diving, using the SOL mobile phone function owned by the Defendant, in a Mour room where the location and trade name cannot be known.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes for recording photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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 to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(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 (the first offender is the defendant, the relationship between the defendant and the victim, and the details or circumstances of the crime are likely to be low in risk of recidivism of a sexual crime in light of the fact that the defendant is the first offender, and the defendant may have the effect of preventing recidivism even by taking lectures in registering personal information and taking lectures in treating sexual crimes;

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by sexual crime prevention effect, disadvantage and anticipated side effects of the defendant, etc., the personal information of the defendant shall be disclosed or notified or juvenile-related institutions, etc.

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