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(영문) 서울북부지방법원 2016.11.17 2016고단3859
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 6, 2016, at around 16:34, the Defendant taken pictures against his will another person’s body, which may cause sexual humiliation or shame, by taking a short galthro juthic female’s short thalthic body, and a balthic image of a bridge in Guro-gu Seoul Metropolitan Government, using the galthothic function of the subway line 2 subway station C, which was in possession of stairs, and the galthothic body of the female who was in possession of the stairs.

From February 28, 2016 to the above temporary date, the Defendant taken photographs of another person’s body against his will that could cause sexual humiliation or sense of shame, such as short flabing clothes, legss, and bridges, in the same manner as indicated in the attached Table of Crimes, from around 62 times to the above temporary date.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss by capturing a dynamic image;

1. A criminal report (Attachment of a criminal video CD), a criminal video CD;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

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

1. In full view of the following: (a) the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism; (b) the benefits and effects expected by the instant disclosure order and notification order; and (c) disadvantages and side effects therefrom; and (d) the disclosure of the Defendant’s personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; and (e) the Defendant’s personal information is disclosed.

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