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(영문) 서울북부지방법원 2018.10.11 2018고단3049
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

1. Around May 28, 2018, the Defendant, on May 28, 2018, taken the body of the victim F (n, 21 years old) who was divingd above the her part by using a camera function of a cell phone 8 mobile phones around 01:05, the Defendant, at around May 28, 2018, was able to take the body of the victim F (n, 21 years old) with the body part of the body part of the body, etc., in which the victim F (n, n, e.g., knife) was displayed.

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. Around June 1, 2018, the Defendant, at around 01:58 on June 1, 2018, taken a photograph of the victim’s body, such as the victim’s negative part, which was divingd by the same method as that set forth in paragraph (1), at H hotel located in Seongbuk-gu Seoul Metropolitan Government G, against his/her 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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Protocols of seizure;

1. Application of statutes, such as photographs;

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. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act (the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism, the risk of disclosure and employment restriction order, and orders.

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