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(영문) 서울서부지방법원 2016.01.27 2015고단2889
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

around 18:44 on July 28, 2015, the Defendant taken pictures of the damaged women on a total of 72 occasions from June 9, 2014 to July 28, 2015, using the camera functions of the 6PLUS (IMFI: D) of the Defendant’s cellphone functions in Jongno-gu Seoul C Station B, as well as taking pictures of approximately 15 seconds of the influence women’s fluence in name using the camera functions of the 6PLUS (IMFI:D).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using a mobile phone camera 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. Application of Acts and subordinate statutes of a criminal report (the attachment of a list of crimes, a photograph of screen pictures taken by damaged women, and 39-80 pages of investigation records);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (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 (including the fact that the defendant has no past record of punishment heavier than the fine and the fact that he/she reflects on his/her past record);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, motive for committing the crime of this case, method of crime, 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, shall be achieved.

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