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(영문) 서울동부지방법원 2016.11.03 2016고단2758
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 18, 2016, at around 21:04, the Defendant taken a photograph of the parts of the body of the victim with smartphones located in the lower part of the victim C (V, 41 years old) waiting for the pedestrian signal of the crosswalk.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on voluntary reports;

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is a sex offense subject to Article 48(1)1 of the 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 competent agency under Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

The reason for sentencing is that the defendant is likely to repeat the crime of this case while being tried by the appellate court for the same crime.

However, the accused is mentally and physically.

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