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(영문) 서울서부지방법원 2018.11.21 2018고단3311
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(1) On May 23, 2018, around 15:56, the Defendant reported on May 23, 2018, the nameless female victims were frightened with the short fright, and the Defendant was in possession of the Defendant, within the 6th line 6th line electric vehicles in Seongbuk-gu Seoul Metropolitan Government.

On August 4, 2018, at around 20:20 on August 4, 2018, the victim B (n, 25 years of age) suffered a short half of the victim B (n, 25 years of age) within the 6-way electric vehicle operating a drug station in Jung-gu in Seoul and B, and the victim’s bucks were taken down by the aforementioned method.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (at the same time with two victims recorded);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each sentence of imprisonment;

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 (in consideration of the fact that he/she reflects his/her mistake, the fact that he/she has no record of punishment for the same kind of crime, details of the crime

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. The fact that a child exempted from the employment restriction order has no record of being punished for the crime committed by the same type of crime, the fact that the order to register personal information and to attend a lecture to treat sexual assault is expected to have the effect of preventing recidivism, and other effects expected by the defendant's age, environment, occupation, and employment restriction order and prevention of sex crimes, and the disadvantage and anticipated of the defendant resulting therefrom.

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