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(영문) 서울북부지방법원 2016.06.30 2016고단1186
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

1. On November 5, 2015, around 22:00, the Defendant taken visual images of the Defendant’s cell phone cameras, focusing on the part of the bridge of the victim’s name and unexploied (in part) that he/she was seated with the lower seat in the front line of subway No. 3, the subway stations located in Jung-gu Seoul, Jung-gu, Seoul.

2. On February 9, 2016, at around 23:55, the Defendant: (a) taken a cell phone camera image of the Defendant’s cell phone camera, focusing on the bucks of the victim G (the age of 26) who was seated with shorter f carpets in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) bucks of the victim G (the age of 26).

Accordingly, the Defendant taken the body of another person, who could cause sexual humiliation or shame, against his will, using a camera, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (crimes, etc. against the results of analysis of digital evidence);

1. A report on investigation and a photograph of a visual closure;

1. Application of seizure records and statutes concerning the list of seizure;

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

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is as follows.

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