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(영문) 서울남부지방법원 2018.10.12 2018고단3852
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of imprisonment for a period of one year from the date this ruling becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2018, at around 00:00, the Defendant tried to photograph the image of the victim C (16 years old) (16 years old) in a video screen with a string of the victim’s string of the SONY cell cell phone, using the partitions of male and female in the first floor of the building located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the partitions of the male, and the partitions turn on the partitions of the Defendant’s string of the string of the string of the strings of the strings of the strings of the strings of the strings of the Defendant. However, the Defendant was

Accordingly, the defendant tried to take photographs against the will of the victim, which could cause sexual humiliation or shame, using carmeras, but did not commit the attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the number and contents of the instant crime shall be taken into account, and considering the fact that the Defendant is against himself/herself, the sentence as ordered shall be imposed by taking into account all the factors of sentencing indicated in the record, including the Defendant’s criminal record relation, age, sex, environment, family relation, circumstances after the commission of the crime, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 the head of the relevant agency pursuant to Article 43

The defendant is exempted from the disclosure order, notification order, and employment restriction order, due to the age, occupation, risk of recidivism, type and motive of the crime in this case, crime process, age of the victim, relationship with the victim, and the above order.

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