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(영문) 수원지방법원 2017.07.13 2017고단3543

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 23, 2017, the Defendant: (a) taken visual images of the victim’s body parts using a cell phone with a camera function on the following occasions: (b) around 19:59, the Defendant was in the exit-gu No. C, No. 7 calendar C, which was located in Suwon-si B, and followed the female victim, who was walking with a test color coke and spatha, and was spaced.

In addition, on March 25, 2016, from around 08:43 to March 18:35, 2017, the Defendant taken a motion picture of the victims more than 441 times in total, as shown in the annexed crime sight table, at Suwon and Sungnam, from around 08:43 to around 18:35, 2017.

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. Investigative Report - Investigation of an extracted screen picture of the suspension of a criminal motion picture, a photograph of an extracted screen of the screen of the suspension of a criminal motion picture, a photograph of the extracted screen (Camerapool), a photograph of the screen of the extracted screen of the suspension of a criminal motion picture, and a photograph of the extracted screen of the extracted screen of the suspension of a criminal motion picture;

1. Application of statutes on the list of seizure and the protocol of seizure;

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. Surveillance of protection, orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a judgment of conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 48(1)1 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

disclosure order; or