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(영문) 서울중앙지방법원 2015.10.16 2015고단4876
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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

1. On July 8, 2015, at around 08:49, the Defendant taken a video image of 41 seconds using the Defendant’s cell phone camera function as the Defendant’s cell phone camera on the name-free women who suffered a short Cheongbuck in the front line, which is run from the Hanbuck Station of the Gangnam-gu Seoul Metropolitan City, 228 subway powder to the Hanbuck Station.

2. On July 8, 2015, at around 08:59, the Defendant taken 50 seconds images using the Defendant’s cell phone camera function on the name in which the Defendant suffered a 20-year-puckbucker’s buckbuck in the name of 342 subway 7 in the Gangnam-gu, Gangnam-gu, Seoul, which was 342 subway line 7 in the lusium lusium, and the 50-day lusium imageed by using the Defendant’s cell phone camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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, in relation to the relevant criminal facts;

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

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 against Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant was a person subject to the 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 a related agency pursuant to Article 43 of the same Act in cases where the conviction of the defendant against the criminal facts in the judgment, which are sex crimes subject to registration of personal information, becomes final and conclusive, by taking into account the defendant's age, character and conduct, family relationship, and circumstances before and after the crime of this case, which reflects his/her mistake and does not repeat together with mental treatment.

The defendant of the order of disclosure or notification.

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