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(영문) 서울남부지방법원 2017.10.25 2017고단3741
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2017, at around 21:16, the Defendant, within the “E” cosmetics store located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, operated the camera located in S6 mobile phone jumal jum of screen pictures, and took pictures of the victims of the instant store by inserting the victim’s name in secret (e.g., age in secret) following the passage of the victim (e., the victim’s jum) in the said store, and inserting the cell phone into the bridge between the said victims. From around March 21:27, 2017 to April 21:16, 2017, the Defendant taken pictures of the jum of the victims by the said method at least 14 times, as described in the list of crimes, as shown in the list of crimes.

Accordingly, the defendant taken the body part of others, which could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A written statement;

1. Answers on results of digital evidence analysis;

1. Application of the Acts and subordinate statutes to photograph the dynamic image taken by the person under consideration;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant taken the fright of a woman against his will over 14 times is not good, but it is not good that the defendant made the fright of a woman against his will. However, the confession and reflect of his mistake, the fact that he had no previous conviction or more than the suspended sentence before, and other conditions for sentencing as shown in the records and changes shall be comprehensively taken into account.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 Article 43 of the same Act

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