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(영문) 서울중앙지방법원 2017.10.18 2017고단6036
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

On May 17, 2017, at around 17:00 to 18:00, the Defendant taken 43 seconds of a female victim’s buck bucks, where the name of the Defendant was using a camera function of the Defendant’s black cell phone 1 line in Jung-gu Seoul, Jung-gu, Seoul, by using a camera function of the Defendant’s black phone 1 line.

From May 2017 to May 2017, the Defendant taken videos against his/her will, using devices having similar functions, such as the list of crimes, which could cause sexual humiliations or humiliations, for a total of 10 times from May 2017 to May 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (in response to results of digital evidence analysis), investigation reports (in cases of video images in which the body part of a female whose name is damaged is recorded);

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 for the crime;

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused becomes 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of

The defendant is admitted due to the age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, disclosure order or notification order, of the defendant exempted from disclosure order or notification order.

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