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(영문) 서울남부지방법원 2016.01.27 2015고단4655
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

On August 13, 2015, around 18:20, at the subway station D’s platform 2 line in Guro-gu Seoul Metropolitan Government, the Defendant taken the part of the part of the body part of the women suffering from a fire by using the Defendant’s mobile phone camera function, etc., and taken the cryp of the damaged women using the above camera function over a total of 132 times from April 15, 2015 to the above day, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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 suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, and the favorable circumstances as seen earlier.

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