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(영문) 서울서부지방법원 2015.12.16 2015고단2616
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:30 on June 17, 2015, the Defendant: (a) discovered the victim E-mail (n, 24 years old); (b) sought to capture the Defendant’s smartphone into the Seoul Central District from 13, Jun. 17, 2015 to 17, 2015, using the Defendant’s smartphones at a total of 12 times from Jun. 1, 2015 to Jun. 17, 2015, including the Defendant’s failure to carry out the camera functions of the Defendant’s smartphones, and taken the fluor of the damaged women’s smartphones using the Defendant’s smartphones over a total of 12 times, as indicated in the list of crimes, as shown in the list of crimes.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Application of Acts and subordinate statutes to each photograph (investigative record 8 to 26 pages);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as that the defendant makes confession and reflects against the defendant,

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment on the crime subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, the defendant 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 defendant is obligated to submit personal information to

The defendant's age, occupation, risk of recidivism, and motive for the crime of this case, exempted from personal information disclosure or notification order.

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