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(영문) 수원지방법원 2016.01.28 2015고단5050

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 14, 2015, at around 17:37, the Defendant taken the body part of a woman suffering from the name in distress, who was on board the Escopist with Escopic TG-4 digital camera in the subway C station located in Guro-gu Seoul Metropolitan Government, with the direction of returning from 7 lines to 2 lines. The Defendant taken the body part of a woman suffering from the name in distress, who was on board the Escopic chrecoper and was on board the Escopic kick-4 digital camera on 138 consecutive occasions.

Accordingly, the defendant taken the body part of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (in cases of photographing a suspect, attaching a photograph to him/her), photograph of the suspect;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes ( comprehensively

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection, orders to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Protection, Observation, etc. Act;

1. Taking into account all the circumstances, including the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act committed the instant crime without being aware of the fact that he/she was punished for the same crime. In cases where a conviction of the defendant against the criminal facts stated in the judgment that he/she should register and submit personal information 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 is obligated to submit personal information to a related agency

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of sex crimes subject to registration that can be achieved due to such order, and the protection of victims.