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(영문) 서울북부지방법원 2016.02.18 2015고단4403
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

On October 15, 2015, at the “branch D branch of the National Bank” located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant taken pictures of the body body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim who might cause a sense of sexual humiliation of the victims over 24 times in total, as described in the attached list of crimes, in the same manner, from around that time to October 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs and a list of offenses;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the points of photographing each kind of crime and the choice of each imprisonment with labor);

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 stay of execution (preliminary consideration of the following grounds for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. On the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Code, where the execution of imprisonment is suspended on the condition of an essential additional disposition in consideration of the defendant's age, sexual behavior, intelligence and environment, motive of the crime, details of the crime, circumstances after the crime, etc., and where the investigative agency recognizes the crime from the investigative agency, and recognizes the criminal act as a matter of course, the number of pictures, the number of pictures, the status of the defendant and the place of the crime related to the crime, the victim, etc., that the liability for the crime is not easy, but the victim is the victims of the non-name, but the conviction of the crime, which is a sex crime subject to registration, is finalized.

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