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(영문) 서울남부지방법원 2015.08.28 2015고단2163
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On May 8, 2015, around 08:25, the Defendant taken a photograph of the victim’s cell phone by putting the cell phone owned by the Defendant into the 10th and the second half of the 10th half of the victim’s name, who is a woman of the 10th and second half of the 10th half of the 10th half of the 10th century.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a photograph of dynamic images taken by a victim’s flaps;

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify information under Article 48(1)1 of the Criminal Act, as well as the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such an order, the effect of protecting the victims of a sexual crime, etc., the disclosure or notification order shall not be issued against the Defendant pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. As such, an order to disclose

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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