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(영문) 서울동부지방법원 2018.06.28 2018고단1244
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2017, the Defendant, within the gallon column of D 2 male toilets located in Gwangjin-gu Seoul Special Metropolitan City, opened a video filming of the Defendant’s gallon S8 mobile camera at the Defendant’s gallon, taken the Defendant’s photographed the Defendant’s victim E (in South, 19 years old) in the same manner at the same place as on January 5, 2018.

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. Statement made by the police for E;

1. Seizure records;

1. A report on the results of analysis of digital evidence;

1. Investigation report (the analysis of the recovery from personal sirens);

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Selection of each sentence of imprisonment with prison labor (including the fact that the nature of the crime in this case is very poor);

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 Suspension of Execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2

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

1. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register personal information and submit personal information under Article 48(1)1 of the Confiscation 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Child Sex Offenses (the defendant's age, family relationship, and family relationship).

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