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(영문) 서울북부지방법원 2019.06.20 2019고단897
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2018, at around 13:56, the Defendant taken a photograph of 12 photographs of the victim women, such as the back fat, the body part, amb, amb, etc. of the victim, whose name cannot be known by using a camera function installed in the Defendant’s mobile phone, in front of the bus stops located in Gangnam-gu Seoul Metropolitan Government B.

In addition, from September 18, 2018 to September 21, 2018, the Defendant taken the parts of the victims’ body and the form in which the victims’ body and the urine were viewed by a similar method for seven times, such as the written list of crimes, as shown in the attached Table.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (tentative name) and D (tentative name);

1. Investigation report (Preparation of a list of crimes, and specification of victims);

1. Each protocol of seizure and each list of seizure;

1. Application of CD-related Acts and subordinate statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.

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;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, benefits and preventive effects expected from the disclosure or notice order of this case, and disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information).

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