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(영문) 서울북부지방법원 2016.09.29 2016고단2834
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

On May 22, 2016, at around 20:59, the Defendant: (a) discovered a female victim with a short spawn, who was unable to know his/her name and age, and then accessed the part of the victim’s bridge by approaching the victim, while putting the Defendant’s cell phone shooting function in subway B located in Guro-gu Seoul Metropolitan Government; and (b) putting the Defendant’s mobile phone breaker inside the camera on the part of a video photograph.

From around that time to 21:11 of the same day, the Defendant taken up each part of the bridge of the victims in the same way five times in total, such as the list of crimes in attached Form.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the victim;

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, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined.

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