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(영문) 서울북부지방법원 2019.06.13 2019고단37
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On October 16, 2018, at around 01:05, the Defendant entered the 2nd female toilets of the Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, for female toilets, and took pictures of the body of another person against his will that could cause sexual humiliation or shame by photographing the body of the victim C (tentative name, leisure, 18 years old) who has taken the body of the victim’s (tentative name, thie, 18 years old) and reported a change in the side by carrying out the function of the Kamera image of the Samsung Tgalthros of the

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the re-fix of a crime by the suspect;

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. 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 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, the risk of recidivism and recidivism, the profits and preventive effects expected due to an order of disclosure or notification or an order of restriction on employment, and the disadvantages and side effects resulting therefrom, the crime of disclosure or notification of the Defendant’s personal information or the Defendant’s employment should not be committed in a toilet for the reason of sentencing (see, e.g., special circumstances where disclosure or notification of the Defendant’s personal information or employment should not be restricted) in light of the following: (a) the Defendant’s age, occupation, family environment; (b) social relationship; (c) the risk of recidivism; (d) the disclosure or notification order; and (e) the effect expected by the order of restriction on employment; and (e) the disadvantages and side effects of the order.

On the other hand, it appears that the defendant recognized the crime of this case and is against it, and there is no fact of criminal punishment so far.

And the victim is the victim.

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