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(영문) 서울남부지방법원 2015.12.18 2015고단4565
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 of the final judgment.

Reasons

Punishment of the crime

At around 22:20 on March 16, 2015, the Defendant: (a) taken visual images of the non-victimd women who suffered a yellow chroke in the front line of the Defendant’s LG G2 mobile phone car, using the Defendant’s LG G2 mobile phone camera function; and (b) taken visual images of the non-victimd women who suffered a yellow chroke in the front line; (c) from the above date to September 15, 2015, the Defendant used the video function of the aforementioned mobile phone on a total of 82 occasions, such as the list of crimes, from the above date and time to September 15, 2015.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the camera function of the mobile phone against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning crime tools photographs, photographs of place of crime, etc., photo of the scene of crime, CDs on the face of crime, CDs on the face of crime, and video CDs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In light of the following: (a) the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime; (b) the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification; (c) the preventive effect and effect of a sexual crime subject to registration that may be achieved by such order; and (d) the effect of protecting the victims of a sexual crime, etc., the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (d) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles

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