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(영문) 서울북부지방법원 2018.12.20 2018고단4166
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be set forth in six months.

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

On July 15, 2018, at around 18:36, the Defendant discovered the victim D (n, 34 years of age, 24 years of age, and 34) with short flabs in Seoul Special Metropolitan City, Nowon-gu, and one-story food store, and recorded the victim's body parts five times in total from around 18:27 to 18:36 of the same day, including the victim's flabs and flabs, which are located behind the victim's cellular phone (Tgol 4) with the victim's rear function, and the victim's flabs and flabs of the flabs in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (Analysis of the images of a mobile phone, etc. and confirmation of the type of mobile phone using a suspect / The suspect's mobile phone / The confirmation of the suspect's mobile phone / the preparation and reporting of a crime inundation list

1. Application of the statutes on seizure records and the list of seizure lists;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order of disclosure and notice of employment restriction, and profits and effects expected by the order of disclosure and notice of employment restriction, and disadvantage and side effects therefrom, the Defendant’s personal information is disclosed or notified, in full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children against Sexual Abuse.

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