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(영문) 서울중앙지방법원 2014.06.20 2014고단2356
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while working as a manager in Jongno-gu Seoul, was aware that the windows of the said Lestop boiler room were connected to female toilets, and was able to take the image of viewing female customers’ booms through the said windows, with the knowledge of being connected to female toilets.

On January 4, 2014, at around 18:13, the Defendant taken a photograph of the body of the victim, who caused sexual humiliation against his will, using the galthocle cell phone camera, which was possessed by the heated window, and was in possession of the galthular phone camera, and was in possession of the lower body of the victim E (the age of 23).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified, and thus, the Defendant is not ordered to disclose or notify the personal information.

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