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(영문) 서울서부지방법원 2019.01.30 2018고단3914
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2018, the Defendant taken the victims 51 times in total, as described in the list of crimes in the attached Table, from that time until June 18, 2018, using the galthal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Estal Estal Estal Estal Estal Estal Est

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. The police seizure report and the list of seizure;

1. Application of the mobile phone photographs and cellular phone photograph Acts and subordinate statutes restored from the mobile phone;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the circumstances, such as the fact that the person's mistake is against himself/herself, the fact that photographs are not distributed externally, and the fact that they are the first offender);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where the conviction of this case becomes final and conclusive, 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, and is obliged to submit personal information to a related agency pursuant to Article 43 of the above Act.

However, since it is judged that there are special circumstances that should not disclose personal information in light of the first offense, recidivism of personal information registration, and victim protection effects, etc., the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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