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(영문) 서울서부지방법원 2018.01.24 2017고단3603
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(1) On July 29, 2017: 18:27:07, the Defendant: (a) divided the crops from the offline female victim, who was waiting to take the stairs from the subway station located in Seoul, the Defendant taken the crops of the victim, and (b) taken the crops from the off of the victim in order to take the crops around 18:27:20 on the same day. (c) On the same day, the Defendant taken the crops, etc. of the victim following the female victim, who was suffering from the crops in the name of the non-registered subway station and loaded the stairs from the subway station in order to take the crops of the victim in the same manner as above, around 23:16 on the same day. (d) On the same day, the Defendant taken the 4) crops of the victim in order to take the crops in Seoul around 23:24 on the same day.

Accordingly, the defendant taken four times in total the body of the victims who could cause sexual humiliation or shame by using smartphones against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing photographs taken by the defendant;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Selection of each sentence of imprisonment;

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 suspension of execution (in consideration of the circumstances, such as the violation of his/her mistake, the primary crime, the frequency of shooting, etc.);

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

1. Where the conviction of the instant case involving the registration of personal information of Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, 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 said person shall submit personal information to the relevant agency pursuant to Article 43

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