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(영문) 서울북부지방법원 2018.01.25 2017고단5081
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 17, 2016, around 11:19, the Defendant taken a video image of the Defendant’s cell phone of the victim’s name and the part of the buck paper (e.g., bucks) with the victim’s cell phone with the Defendant’s cell phone, and from that time until June 10:00, the Defendant taken a video image of the victim’s name and in total 18 times from that time until June 6, 2017, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using a camera or other similar mechanical device against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (Attachment to a photograph of the screen image taken by the person under control), photograph;

1. A criminal investigation report (the analysis of video data requested for appraisal CDs);

1. Written response to a request for appraisal;

1. Application of seizure records and statutes concerning the list of seizure;

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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