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(영문) 서울북부지방법원 2018.02.08 2017고단5255
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 September 1, 2017, at around 21:00, the Defendant took photographs against the Defendant’s will, using a camera or other mechanical device equipped with similar functions, which could cause sexual humiliation or sense of shameing, in a total of 11 times from around August 19, 2017 to September 21:0, 2017, by carrying out the dynamic image function of the Defendant’s operation of the Defendant in Jungdong-gu Seoul Metropolitan Government, and making it known at a toilet site located in the toilet, and by taking the body parts of the victim E (V) who embryed in the toilet, including the tran, etc., of the victim E (V) who embryed in the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report of investigation (for example, a list of crimes), a list of crimes, and photographs of screen images to be taken;

1. Application of the investigative report (Attachment of screen pictures taken by the person under his/her control) (the attachment of screen pictures taken by him/her), photograph photographs, and the statutes governing video CDs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (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;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows.

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