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(영문) 서울북부지방법원 2019.05.23 2019고단288
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been part-time at the C convenience store in Dongdaemun-gu Seoul Metropolitan Government.

On October 10, 2017, the Defendant, at its convenience store, worked in advance the Defendant’s motion picture shooting function of the Defendant’s portable phone, and then, at the convenience store’s bottom of the victim’s body body, it is impossible to identify a female’s name, who was a frighter for calculating goods in the calculation unit, by setting it on the floor below the calculation unit of the convenience store.

In addition, from the beginning of February 2017 to October 10, 2017, the Defendant taken 21 times the body parts, booms, etc. of female victims or taken photographs by using similar methods, such as the attached list of crimes, from the beginning of February 2017 to the beginning of October 2017.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame against the will of the person to be taken.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (related to results of digital evidence analysis/test direction);

1. Each protocol of seizure and the list of seizure;

1. Application of CD-related Acts and subordinate statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, 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;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime, the disclosure and notification order or employment restriction order, and the profits and preventive effects expected due to such order, as well as the disadvantages and disadvantages therefrom.

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