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(영문) 수원지방법원 성남지원 2014.01.06 2013고단2764

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

Punishment of the crime

1. On August 21, 2013, at around 23:00, the Defendant discovered that the victim D (n, 21 years of age) was in the toilet at the “C” female toilet located in Seongbuk-gu, Sungnam-si, Sungnam-si, and found that the victim D (n, 21 years of age) was in the toilet, and accordingly, he laid off the partitions from the victim partitions to the cell phone owned by the Defendant on the part of the victim, and taken the part of the victim’s cell phone using the mobile phone camera.

2. On August 30, 2013, at around 21:04, at the same place as the above paragraph (1) and in the same manner as the above paragraph (1), the Defendant taken a photograph of the victim E (V, 14 years of age) using the cell phone camera owned by the Defendant in a way as set forth in the foregoing paragraph (1).

Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The police seizure record and the list of seizure;

1. Each investigation report and the occurrence report;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the relevant criminal facts and the selection of punishment: The choice of imprisonment with prison labor;

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. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against a defendant who has registered personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes was convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. If this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Provided, That the special circumstances that may not disclose personal information pursuant to 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, in light of the details of the crime subject to registration, the history of punishment, etc.