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(영문) 서울중앙지방법원 2016.04.08 2016고단540
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

On October 23, 2012, the Defendant was sentenced to 10 months of imprisonment or 2 years of suspension of execution due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Seoul Southern District Court (hereinafter “Seoul Southern District Court”), and on September 13, 2013, the above court was sentenced to imprisonment with prison labor for the said crime and confirmed on December 20, 2013, and the suspended sentence became effective, and the execution of the final sentence was completed in Seoul Southern District Court on January 19, 2015.

On December 3, 2015, at around 17:20, the Defendant discovered the victim D (the 16-year old victim) who was scambucked in the Gangseo-gu Seoul Metropolitan Government Walk Walk's Walk's Walk's Walk's Walk's office through the entrance from C's office to the station from 8, and taken a video image using the cuck's function inside his cell phone with the balk's inside the scam's own cell, and from around September 2015 to the above day from September 22, 2015, the Defendant taken the parts of the victims who suffered the scambal's body part, the scuck's balk's balk's balk's balk's balk's buck and so on.

Accordingly, the defendant taken the body parts of the victims who could cause sexual humiliation or shame by using a mobile phone with a camera function against the victims' will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Police seizure records;

1. Investigation report (Attachment of a photograph of the closure of the said image), restoration photograph;

1. Previous convictions in judgment: Requests for inquiry, such as criminal history, reports on investigation (verification of suspect acceptance information), application of Acts and subordinate statutes to report on investigation (verification of the same record as the suspect);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48(1)1 of the Criminal Act of confiscation No. 1.

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