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(영문) 서울북부지방법원 2018.12.13 2018고단3729
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2018, the Defendant was ordinarily employed in the “L” workplace of a company of Jung-gu Seoul Metropolitan Government K around 16:42.

Using the photographing function in M, the victim's bucks, who had been sitting in the office book without the consent of the victim N(23 years old), who used the photographing function in M, have taken the part of the victim's bucks against his will.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

2. The Defendant sent by means of M to O and P the victim’s photograph taken at the same time, time, and place as in paragraph 1.

In the end, the Defendant distributed photographs taken against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. Protocols of seizure;

1. Application of the Acts and subordinate statutes of M dialogue (1), M dialogue (2) submitted by the complainant, and victim photograph and M contents submitted by the complainant;

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;

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 suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Disclosure and Notice of Employment, the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) and the 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 relationship, criminal record and recidivism risk, the disclosure and notice order, and the order for restriction on employment, and the profits and effects expected by such order, and disadvantages and side effects therefrom, etc.

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