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(영문) 서울남부지방법원 2015.08.12 2015고단2207
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2015, at around 21:52, the Defendant: (a) taken the front of the Defendant’s gallonian gallon-1 mobile phone screen pictures from the Emallon in the U.S. Sinsan-dong, Yeongdeungpo-gu, Seoul, on April 21, 2015, using the Defendant’s gallon-based camera function in the gallon-dong 6-dong, Yeongdeungpo-gu

8. From 21:56 up to 74 times in total as indicated in the separate list of crimes, the mobile phone taken a bridge or a flameral image of the women who suffered damage by using the Kamera function of the above mobile phone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (Attachment of screen pictures of suspects) and video CDs;

1. Investigation reports (reports accompanied by crime sight lists and video images) and the application of Acts and subordinate statutes governing video CDs;

1. Relevant provisions of the relevant Act and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes, and the Selection of imprisonment (in light of the method of photographing and father, etc., the nature of the crime is not good and the frequency of the crime is not considerable);

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 (Article 62 (1) of the Criminal Act (In light of the fact that the defendant is against his/her will and

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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 is obligated to submit personal information

The age, risk of recidivism, and type of the crime in this case, of the defendant to issue an order to disclose or notify personal information.

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