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(영문) 서울북부지방법원 2017.04.20 2016고단1594
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On October 20, 2015, the Defendant taken a video image of the victim’s name and in the subway station located in the central ridge 35-ro of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the red luxing area located in 160-ro, Mapo-gu, Seoul, the gallon-ro of the victim’s name and influor, the victim’s name and influor (e.g., his age) seated in S5 cell phoness, and the parts of the buckbucks, which were taken by the victim from October 29, 2015, in total five times in the same manner as indicated in the attached list of crimes, as shown in the list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (specific relation to the place of occurrence);

1. Digital evidence analysis CDs;

1. Investigation report (Analysis of screen pictures taken by the person under investigation);

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 and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison 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 suspended execution;

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed and notified.

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