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(영문) 서울북부지방법원 2018.11.29 2018고단3903
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

around 14:40 on May 25, 2018, the Defendant taken a photograph of the body of another person against his will using a device equipped with a similar function, such as a camera or any other similar function, which could cause sexual humiliation or humiliation, in a total of 21 times from around December 25, 2017 to May 14:40, 2018, by making a mobile phone galing the cellular galo function of S8, which was used by the Defendant to display the goods. In addition, the Defendant taken a photograph of the body of another person against his will, by using a device with a camera or any other similar function.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each investigation report (in accordance with the details of the prosecutor's direction / CCTV images at the scene of a crime / additionally committing a crime involving the addition of CCTV images/suspects after a crime);

1. 112 Reporting case handling table;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes on photographic photographs, screen pictures of each CCTV course, and photographs of the victims taken;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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 suspended execution;

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

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

1. Various circumstances include the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, the disclosure and notice order, and the effect of prevention, as well as the disadvantages and side effects resulting therefrom, etc.

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