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(영문) 서울중앙지방법원 2016.10.28 2016고단1827
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

around 12:43 on February 21, 2016, the Defendant: (a) discovered a female victim under his/her name, who was laid off from the subway 2 line D station platforms located in Mapo-gu Seoul Metropolitan Government, and was exposed to his/her own mobile phone image photographed against his/her will that may cause sexual humiliation by using his/her mobile phone image shooting function; and (b) taken the victim’s bridge level against his/her will.

Around 17:51 on April 17, 2016, the Defendant discovered a female victim under his/her name, who was exposed to the stairs of his/her place at the exit No. 9 of the D Station located in Mapo-gu Seoul, Mapo-gu, Seoul, and then discovered a female victim, who could cause a sense of sexual shame by using the video shooting function contained in the Defendant’s cell phone, the Defendant taken approximately 4 minutes of the victim’s bridge against his/her will, against his/her will, which might cause a sense of sexual shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each list of seizure and each protocol of seizure;

1. Application of Acts and subordinate statutes, such as evidence and photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Probation under Article 62-2 of the Criminal Act;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, 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 a related agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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