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(영문) 서울중앙지방법원 2015.10.30 2015고단5635
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 1 shall be confiscated.

The defendant shall be treated for 40 hours of sexual assault.

Reasons

Punishment of the crime

1. On July 19, 2015, around 18:37, 2015, the Defendant taken a motion picture picture with approximately one minute and three seconds of the body of a woman whose name is unknown who was short of the name by using the camera function of a mobile phone in the street near the D Station located in Jongno-gu Seoul Metropolitan Government.

2. On July 21, 2015, around 18:02, the Defendant taken the body body of the Victim E (V, 28 years of age) who was short of time by using the camera function of the mobile phone in the upper dynamic line that passed the D Station in Jongno-gu Seoul, Jongno-gu. Around July 21, 2015, the Defendant taken the body body of the Victim E (V, 28 years of age) using a cell phone screen

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame over two times against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant is sentenced to a suspended sentence of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Seoul Eastern District Court, and that it is inevitable to sentence the defendant again to commit the

In cases where the conviction of a defendant against a sex offense subject to the registration of personal information by a short-term sentence is finalized in consideration of the fact that the defendant has committed a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and type, motive, and motive of the instant crime.

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