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(영문) 전주지방법원 군산지원 2016.09.23 2016고단514
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

On May 15, 2016, the Defendant: (a) put the Defendant’s mobile phone with the Defendant’s video photographing function in a paper shopping bag at the entire C market located in Gangnam-gu Seoul, Gangnam-gu; (b) putting the said shopping bag into a bridge under the pande of the victim D (n, 30 years of age) who was in the face of the Gu Gyeong-gu; and (c) taken the victim’s panty and buckbucks on the same day by the same method over 58 times in total, as shown in the list of crimes in the attached list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning photographs by cutting down a mobile phone;

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 Criminal Crimes and the selection of imprisonment with prison labor;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused 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 a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.

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