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(영문) 서울동부지방법원 2014.02.14 2013고단2110
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

Criminal facts

On June 15, 2013, at around 13:45, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by taking his galthal cell phone images of a female, using his galththal cell phone, and then taken the body of another person against his will, by taking the galthal thalthal part of a female into a video, which is going back to the direction of the female victim, from 10:0 to 10:0 to 10,00 to 200 to 21:0 to 20,00 to 20 to 20.

In addition, from October 25, 2012 to June 15, 2013, the Defendant taken photographs of each victim’s body, such as their legs, bridges, etc. over a total of 23 times from around October 25, 2012 to around June 15, 2013, respectively, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statute of 4 copies of the seizure record, seizure list, each investigation report, each mobile analysis CD, one copy of the analysis list, and four copies of the photographing;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the choice of imprisonment, etc.

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure of Personal Information, 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 (in this case, the circumstances favorable to the reasons for sentencing and the fact that the registration of personal information in this case can only prevent the recidivism of the defendant to a certain extent) is criminal records for which the defendant was sentenced to a fine of one million won for the same crime even in 2007, and against many unspecified women.

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