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(영문) 서울남부지방법원 2015.10.16 2015고단3294
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 19:00 on June 11, 2015, the Defendant: (a) opened books and electronic equipment stores located on the first floor of the building E in Guro-gu Seoul, Guro-gu, Seoul; (b) installed Samsung NX MINI digital camera at the lower part of the lower part of his bamboo bags; and (c) returned to the above bags; and (d) taken a fluor picture of the non-victimd women’s fluor and buckbucks using the above camera; and (b) taken a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluoror’s fluor’s 17 times in total from August 20, 2012 to the above date, using the Defendant’s cell phone function or the above digital camera’

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mobile phone camera functions or digital camera functions against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Statement of seizure of each police;

1. Application of the Acts and subordinate statutes concerning each seized article photograph, CD, photograph, closure photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree of disadvantage and anticipated side effects of a disclosure order or notification order due to the disclosure order of registered information under Article 48(1)1 of the Criminal Act, and the effect of the protection of victims, etc.

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