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(영문) 서울남부지방법원 2014.09.22 2014고단2305
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

On April 22, 2014, at around 21:27, the Defendant taken photographs of the part of the body part of the victim, which may cause a sense of sexual humiliation, from around 08:08 on April 22, 2014, from around 11 to the day before the said date, the part of the body part of the victims 11 times in total, as shown in the annexed list of crimes, from around 08:08 to the day, in which it is difficult to find out the name of the bags 8-1 column, which was prepared in the subway line 4 station platform of the subway line in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of a victimized female on the list of crimes);

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

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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

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

1. Although the nature of each of the crimes of this case in light of the background, method and content, etc. of each of the crimes of this case in the reason of sentencing under Article 48(1)1 of the Criminal Act, the sentence shall be imposed as ordered in consideration of the fact that the defendant recognized his/her mistake and reflects his/her mistake, the fact that the defendant has no record of punishment, and all of the sentencing conditions, including the defendant's age, character

Where a judgment of conviction becomes final and conclusive on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) in each judgment on a sex offense subject to registration, the accused 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 obligated to submit personal information to the competent agency

The defendant's age, occupation, risk of recidivism, whether to issue an order for disclosure or notification of personal information.

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