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(영문) 수원지방법원 성남지원 2018.11.23 2018고단2071

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for 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

1. On May 16, 2018, the Defendant, at around 06:16 on May 16, 2018, taken a mobile phone on the part of the victim’s bridge, with which it is impossible to identify the victim’s name going up with the short fest flap and going up with the escalator in C Station B located in Seongbuk-gu, Sungnam-si, Sungnam-si.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

2. On May 19, 2018, the Defendant, at around 11:50 on May 19, 2018, taken the front floor of the first floor of the D Building in Sung-nam-si, Sungnam-si, and taken the front floor of the victim E (V, 25 years of age) who was in the said corridor as a mobile phone in which the Defendant was in possession of the Defendant.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Seizure records;

1. Application of the reporting Acts and subordinate statutes as a result 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 (The following favorable circumstances):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant committed a second offense, despite having two previous sexual assault offenses, and that it is difficult to eliminate the risk of recidivism, considering that the Defendant had an erroneous adult awareness, etc.

However, as stated in its reasoning, sexual assault crimes using carmer are first committed, and they show the attitude of confessioning and opposing each of the crimes in this case.