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(영문) 서울중앙지방법원 2016.07.01 2016고단2373
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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 7, 2013, at around 23:59, the Defendant discovered a non-victim in the name of E, E, E, No. 3, 2013, the flight of the stairs from E, which was located in Gangdong-gu, Seoul, Seoul. Following the victim’s back, the Defendant taken the bucks and mucks with the part inside his cell phone using the camera function, which was stored in his cell phone, from that time until August 28, 2015, the Defendant taken the body part of the part in the part of the Defendant’s name, which was damaged by the Defendant’s cell phone over 69 times in total, as in the list of crimes, from August 28, 2015.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each investigation report (as a result of the analysis of DNA evidence, a suspect's photographic image, a photograph to cover the key pages, a CD attachment);

1. Answers on results of digital evidence analysis;

1. Application of Acts and subordinate statutes to the details of video data;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of taking photographs, such as cameras) and the 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 (see, e.g., the confession and reflect of the crime of this case, and the records of the same crime are one time a fine);

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused 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 to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of the crime in this case, and the disclosure order or notification order.

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