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(영문) 서울중앙지방법원 2015.09.04 2015고단4475
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2015, at around 15:45, the Defendant taken a film of the body part of a female victim, who was a woman with whom it is impossible to find out his/her name, who was laid up the stairs by using the cellphone function of the cell phone, from the stairs of subway 2, which was located in the new forest station of Gwanak-gu, 1640-1, and taken the body of another person against his/her will that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 is obligated to submit personal information to

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

The reason for sentencing is that there are two times the same criminal records to the defendant.

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