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(영문) 서울동부지방법원 2018.06.22 2018고단1513
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. At around 17:00 on March 17, 2018, the Defendant, at the time, taken a 'Eelel' located in Gwangjin-gu Seoul Special Metropolitan City, by using the Defendant’s gallon shooting function of the victim F (the 48 years old), who was a congested with the Defendant at the time, who was a victim F (the string, the 48 years old), who was under his/her congested with the Defendant, without the consent of the victim.

B. On April 2018, the Defendant taken a photograph of “Helel located in Gangdong-gu Seoul Metropolitan Government Ga” without the consent of the victim by the same method as the body telegraph of the said victim.

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

2. On April 20, 2018, the Defendant was placed under confinement on the road in front of the “J” located in Yongsan-gu, U.S., U.S., U.S., U.S., U.S., U.S., for the reason of the Defendant’s accommodation, and the Defendant demanded a separate judgment by reason of the Defendant’s accommodation.

It is not sufficient to leave the vehicle.

It means how to get off and off, "I ambi.", and the victim's arms to get off and off from the train were 15 minutes in his hand so that the victim can not get off from the train.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Each investigation report (Nos. 9, 10, 22 once a year);

1. Application of the laws and regulations governing K dialogues;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 276(1) of the Criminal Act, Article 276(1) of the Criminal Act, and the choice of imprisonment with 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Confiscation of the Criminal Act;

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