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(영문) 서울중앙지방법원 2018.11.22 2018고단5590
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 01:00 on May 22, 2018, the Defendant used the dynamic image shooting function of “D hotel” 6 stories in Gangnam-gu Seoul and mobile phones 602 located in Gangnam-gu Seoul, and taken a video image image against the victim’s will against the victim’s will.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Police seizure records and list of seizure;

1. Investigation report (the analysis of video images of the person under investigation) by Acts and subordinate statutes;

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) 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, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the primary offender, the fact that the defendant is the primary offender, the content and method of the crime, and the circumstances, are likely to have low risk of recidivism of a sexual crime, and the defendant may have an effect to prevent recidivism even by taking lectures in registering personal information and taking lectures in treating sexual assault;

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by a sexual crime prevention effect, disadvantages and anticipated side effects of the defendant, there are special circumstances in which the defendant's personal information should not be disclosed or notified, or a juvenile-related institution, etc. should not order the restriction on employment to a juvenile-related institution.

The decision is judged.

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