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(영문) 서울남부지방법원 2015.10.02 2015고단3210
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 November 1, 2013, the Defendant: (a) taken a fluoral image of the female suffering from an incurable injury using the Defendant’s LG option engines’ camera functions in the car in Ansan-si, Ansan-si; and (b) taken a fluoral image of the female suffering from the above date and time from May 19, 2015 to May 08:31, 2015 using the above mobile phone camera function in the list of crimes; and (c) taken a 43-time bridge of the female suffering from an incurable injury using the fluor function in the mobile phone.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Evidence analysis results report, cell phone extraction file storage CD;

1. Application of the Acts and subordinate statutes on closure photographs;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

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, disclosure order or notification order under Article 48(1)1 of the Criminal Act, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of sexual crimes, etc., the disclosure of personal information pursuant to Articles 47(1) and 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

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