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(영문) 서울북부지방법원 2018.11.15 2018고단3328
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

The Defendant is a space between the two universities, such as the victim C (n, 22 years of age).

On June 29, 2018, the Defendant, at around 01:30, taken 11 times in total against his will, the body of the victim, such as the telegraph, the part of the sound part, etc., in which he was able to influorize in Seongbuk-gu Seoul, E 503, using the 5 mobile phone camera function of the cellphone 5 mobile phone.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C by each victim;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

A person who was taken of his body against the will of the reason for sentencing, caused sexual humiliation or mental impulses, and failed to be taken from the victim.

The body parts, etc. taken shall be the body parts taken.

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