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(영문) 수원지방법원 2017.10.12 2017고단5508

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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 May 20, 2017, at around 11:30, the Defendant taken the body of the victimized women eight times in total, as shown in the list of crimes in the attached Form, in a total of eight times from May 5, 2017 to May 20, 2017, by taking a short gallon by using a gallon of the Defendant’s gallon three jum jum, using a gallon, with a gallon of the Defendant.

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 against D;

1. Investigation reports (in response to results of digital evidence analysis), responses on results of digital evidence analysis, and application of reporting Acts and subordinate statutes on results of digital evidence analysis;

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. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, 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 registration and submission of personal information under Article 48(1)2 and (3) of the Destruction Criminal Act becomes final and conclusive, the Defendant is 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 obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and it can be achieved.