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(영문) 서울중앙지방법원 2018.10.25 2018고단5433
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 July 4, 2018: around 08:08:49, the Defendant, within the electric car that operated near the C Station of the Dongjak-gu Seoul Metropolitan Government B subway No. 7, took visual images of the Defendant, using the gallon function of S8 mobile phones, the Defendant used the gallon function of S8 mobile phones to test anti-pocks, and the name infinited female victims who suffered a short litbane.

Until July 30, 2018, the Defendant taken photographs of another person’s body against his will, using devices with similar functions, such as cameraa or other similar functions, which could cause sexual humiliation or shameing, on 22 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes in 22 to the closure photographs of a dynamic image taken by the defendant;

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

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

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

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 information, an order to notify, and an order to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the primary offender, the fact that the defendant is the primary offender, the content and method of the crime, and the circumstances, are likely to have low risk of recidivism of a sexual crime, and the defendant may have an effect to prevent recidivism even by taking lectures in registering personal information and taking lectures in treating sexual assault;

In addition, the social benefits expected by the disclosure order, notification order, and employment restriction order, and the prevention effect of sexual crimes, the disadvantage and anticipated side effects of the accused, etc.

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