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(영문) 광주지방법원 해남지원 2016.10.13 2016고단352
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 17, 2016, at around 17:15, the Defendant taken the front side of a female victim’s bridge with a cell phone located in the front of the entrance, using a cell phone located in the Kameras within the front line, from the just of the Seoul subway line 3 to the high speed terminal station.

2. 피고인은 2016. 7. 17. 17:32경 서울 서초구 B에 있는 3호선 C역 에스컬레이터에서 카메라가 내장된 휴대폰을 이용하여 검정색 핫팬츠를 입고 서있던 성명을 알 수 없는 여성 피해자의 다리부위를 몰래 촬영하였다.

The Defendant taken the body of the victims who may cause sexual humiliation or shame twice as above against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Three copies of photographed female (two photographs) taken by the suspect;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs found on the cell phone of a suspect);

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, respectively;

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;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Where a judgment of conviction of a defendant against a sexual crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 obligated to submit personal information to the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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