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(영문) 서울서부지방법원 2013.12.06 2013고단2779
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 08:20 on June 20, 2013, the Defendant was boarding a bus B and passed ahead of Seodaemun-gu Seoul, Seodaemun-gu, Seoul. On June 20, 2013, the Defendant took a photograph of another person’s body that could cause sexual humiliation or shame by photographing the body of the victim D (V, 31 years of age) who was aboard the bus using the mobile phone’s image photographing function.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV screen and investigation reporting Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

1. Article 62 (1) of the Criminal Act;

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

It is so decided as per Disposition for the above reasons.

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