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(영문) 수원지방법원 2016.01.28 2015고단5324

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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

[criminal record] On October 15, 2015, the Defendant was sentenced to two years of suspension of execution on August 23, 2015 by imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Suwon Flag, and the said judgment became final and conclusive on October 23, 2015.

[Criminal facts]

1. On August 7, 2015, the Defendant taken visual images of the body part of the Victim F (V, 30 years of age), which was loaded with goods using a cell phone X3 mobile phone located in Young-si, Young-si, Suwon-si, Suwon-si, E, and the Kamera functioned by the Defendant’s cell phone of the victim F (V, 30 years of age).

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

2. On the same day as Paragraph 1, the Defendant 23:09, around 23:09, tried to take a dynamic image of the body parts of the above victim F, where the Defendant was carrying things using a mobile phone X3 mobile phone with a ice cromer function that he was in possession, prior to the ice construction, coming from the ice 2 to the third floor in the above E.

Therefore, the Defendant, after the sum of the video filming of the above mobile phone, laid down the victim's rear side of the body part of the body of the victim in order to take a dynamic image, laid down the above mobile phone under the center of the body part of the victim. However, the Defendant did not come up with the victim's wind, when the victim's bridge faces with the above mobile phone, and did not come up with the victim's attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report- Results of digital analysis; and

1. Restoration photographs and E CCTV photographs;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A), reports on investigation (Attachment to the same military records of the suspect), application of summary information-related Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Crime (a point of using and photographing a camera, etc.) and Articles 15 and 14 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.