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(영문) 수원지방법원 2017.12.07 2017고단7053

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant: (a) taken visual images of the victim D(16 years of age) and E(16 years of age) who suffered school uniforms using S7 mobile phones in Samsung Ggallon ju, the Defendant owned the Defendant with a Kamera function at around 18:28, 2017.

In addition, the defendant from March 23, 2017 to the same year.

4. Until October, 400, up to 40 times as shown in the annexed list of crimes (1) above, the parts of the bridge of the victims of the incident were taken 34 times as shown in the annexed list of crimes (2) above.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. A person's own smartphone or camping photo;

1. Application of Acts and subordinate statutes to a report on investigation (the restored smartphones, photographs and images related to crimes in the camping cams);

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 48(1)1 and 2 of the Confiscation Criminal Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and crime of exemption from the disclosure order or notification order.