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(영문) 서울북부지방법원 2018.10.18 2018고단3239
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:45 on June 1, 2018, the Defendant taken photographs against his will the body of another person who could cause sexual humiliation or humiliation using a camera or other similar device with a similar function for four times in total, as shown in the list of crimes in the attached Table, from the time when the Defendant took photographs of the body part of the victim (if he or she is no age, he or she takes the body part of the part of the victim) whose name could not be known by using a video function of the cell phone of 6S pluger in Seongbuk-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Each investigation report (cases related to the closure of a criminal image / 1)

1. Each protocol of seizure;

1. 112 Reporting case handling table;

1. Application of CD-related Acts and subordinate statutes that contain CD images containing CCTV images and cellular phone storage images of the suspect;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects therefrom, the Defendant’s personal information shall not be disclosed, notified, or the Defendant’s employment shall not be restricted, in full view of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) (the Defendant’s age, occupation, family environment, social relationship, criminal record, and recidivism

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