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(영문) 서울남부지방법원 2017.05.08 2017고단273
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

At around 20:30 on October 30, 2016, the Defendant discovered that the victim (the victim (the 18th age) was suffering from the fat in the exit-gu E Station No. 1 in Guro-gu Seoul Metropolitan Government, and taken the victim's bridge using the Defendant's smartphone camera, and taken the victim's bridge using the Defendant's smartphone, as shown in the attached list of crimes. From around July 19, 2016 to October 30, 2016, the Defendant taken pictures or taken the fat around 23 times against the victim's will.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

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 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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant led to his mistake; (b) the primary offender is a favorable condition; and (c) the body was taken over several times during a short term against the victims’ will; and (d) the nature of the crime is disadvantageous; and (c) the factors for sentencing as indicated in the records and changes are considered to be considered as a whole.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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, and such person shall submit personal information to the relevant agency pursuant to Article 4

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