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(영문) 대전지방법원 2017.10.12 2017고단3364

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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 October 21, 2016, at around 06:33, the Defendant taken the victim’s bucks and bucks, which were the victim’s name, which was sobryed with a cell phone camera, using the cell phone camera, and then taken the victim’s bucks and bucks.

In addition, from that time to August 10, 2017, the Defendant took photographs of another person’s body that may cause sexual humiliation or shame, such as 13 victim bucks and tambucks, using cell phone cameras over 13 times, from that time, from that time to that time, may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written statement of the G production;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as mobile phone photographs used in committing the crime, photographs of the place of the crime, photographs taken by the victim, screen pictures taken by the victim, video pictures taken by the victim, etc. of the case by the suspect himself/herself, arrest reports, investigation reports, report on the occurrence of the case, handphones of the suspect using the crime, photographs, etc. of the victims stored in handphones of the suspect using the crime, 112 report processing signs, the victim's photographs, digital evidence analysis results, reports, investigation reports (report on attachment of photographs after photographing the screen screen taken by the victim), investigation reports (report on hearing statements by the victim E);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

1. In full view of the following circumstances in sentencing under Article 48(1)1 of the Criminal Act, the following conditions, including the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, as well as various conditions of sentencing as shown in the present argument.