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(영문) 서울남부지방법원 2019.11.27 2019고단3850
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2019, the Defendant, at around 21:30 to 22:00, installed one’s own black PC on a string book of the body of a person who may cause sexual humiliation or sense of shame in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and took a 30-minute photograph of the body of a person who might cause sexual humiliation or sense of shame by using a dynamic image recording function to have sexual intercourse with the victim D (fore, 20 years of age, 20 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (digital siren analysis);

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment on the crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the defendant is obligated to submit personal information to

In full view of the following circumstances: (a) the Defendant’s age to be exempted from the disclosure and notification order and the employment restriction order; (b) the type and content of the crime; (c) the process of the crime; (d) the social interest expected by the disclosure order and the employment restriction order; and (e) the prevention effect of sexual crimes; and (e) the disadvantage and anticipated side effects of the Defendant; and (e) the disclosure and notification of the Defendant’s personal information or the issuance of an employment restriction order with children, juveniles-related institutions, etc.

The reason for sentencing is disadvantageous.

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