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(영문) 서울중앙지방법원 2017.05.11 2017고단688
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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 October 27, 2016, at around 00:28, the Defendant taken the victim’s panty panty panty, bridges, etc. of the victim E (the age of 19) using a cell phone in the D Station E, E, E, E, and bridges located in Dongjak-gu Seoul Metropolitan Government, Seoul.

In addition, from March 12, 2016 to March 13:02, 2016, the Defendant taken 47 female victims' panty panty, bridges, etc. over 53 times in total, as shown in the list of offenses.

Accordingly, the defendant taken the body of other persons who could cause sexual humiliation or shame by using a telephone carried device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and selection of

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 stay of execution. Article 62 (1) of the Criminal Act on the condition that the following sentencing is favorable;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant was sentenced to a fine of one million won for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Seoul Central District Court on November 21, 2013, and the court was sentenced to a fine of five million won for the same crime in the same court on January 23, 2015, and the victims are many, and the number of victims are too many, and the crime is deemed to be bad in light of the method of the crime, but it appears that the defendant made efforts to prevent recidivism, such as the entire confession and reflect of the crime, the medical treatment at hospital, etc., and the defendant's other person.

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