logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.16 2018고단4861
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

The defendant is the director of the division B, and the victim C is the same employee of the same company.

On May 2, 2018, at around 11:40 on May 2, 2018, the Defendant, at the location of the restaurant located in Gangnam-gu Seoul Metropolitan Government, taken a flag image of the body and the bridges of the victim who sited on the table, using the camera function of mobile phones in which the Defendant was in possession of his employees, including the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a mobile phone camera against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Data to be submitted to victims;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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 light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse;

Since it is judged, it is necessary to issue an order of disclosure or notification and an employment restriction order to the accused.

arrow