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(영문) 부산지방법원 2018.11.29 2018고단3888
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

On September 2, 201, around 14:01, the Defendant taken pictures of the victims who might cause sexual humiliation over a total of 134 times from around 14:01 to March 11, 2018, including taking pictures of the victims of LGV 10 smartphones with the Defendant’s LGV 10 smartphone, whose name is unknown, using the Defendant’s LGV 10 smartphones with the inside of the camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and J;

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

1. Application of each statute on photographs;

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;

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

3. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1));

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an order to attend a lecture or community service

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

[Determination]

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense to be registered, which is subject to the registration of personal information and obligation to submit personal information under Article 48(1)1 of the Criminal Act.

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