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(영문) 부산지방법원 동부지원 2018.06.08 2018고단490

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is in the position of the defendant and the victim is not many and unspecified women except D (n, 22).

On July 17, 2017, from around 11:39 to August 12:32, 2017, the Defendant taken a total of 686 times, such as a list of crimes, without the consent of the victims, by using the telegraph and fel, etc. of the victims of the victims who suffered from the Skikic uniform uniform from the F Bathing beach located in Busan E, and by using the part, etc. of the victims of the smartphones owned by the Defendant using the part, etc. located in the Blue Saton Nom.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to investigation reports (related to results of digital evidence analysis);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. A favorable circumstance for sentencing under Article 48(1) of the Confiscation Criminal Act: The fact of the crime is recognized and reflected, the fact that there is no record of criminal punishment: A large number of times of the crime committed against many unspecified victims; the victims do not receive a letter from the victims; and other circumstances: Where a conviction on the crime of this case against the defendant who is to register and submit personal information, such as physical condition, the defendant's age, sexual conduct, environment, etc., 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 the head of a related agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, the details and process of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the results can be achieved.