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(영문) 수원지방법원 안산지원 2014.06.27 2014고단952

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

For his sexual desire, the Defendant had a mind to photograph the body of a woman who may cause sexual humiliation or shame using mobile phones, against his will.

On March 22, 2014, from around 15:55 to 16:25, the Defendant taken the victim’s bridge part from the front side of the C Pharmacy in Singu-si B to the Defendant’s cellular phone part of the name unclaimed female students’ bridge part, and taken the victim’s bridge part over 42 times by the same method from March 31, 201, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Records of seizure and the list of seizure;

1. Application of related Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, 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 (which does not disclose or notify personal information in consideration of family relationship, personal situation, etc.). The crime of this case is a case in which the defendant photographs the body of many women who might have caused sexual humiliation or shame by using a mobile phone against his/her will for his/her sexual desire, which is a case in which the defendant taken pictures against his/her will, in which the number of offenses of this case is remarkably high, against the defendant's mistake while recognizing all of the crimes of this case, and there is no criminal record exceeding the fine.