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(영문) 수원지방법원 2018.01.11 2017고단7732

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor 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

On September 18, 2017, at around 17:55, the Defendant: (a) installed the Defendant’s mobile phone platform of the Guro-gu Seoul Metropolitan Government B subway 2, the Defendant: (b) installed the Defendant’s mobile phone-based “Chion D” for the purpose of facilitating the video function; and (c) taken the bottom of women’s fluencing body.

Accordingly, the Defendant taken the body parts of others, which could cause sexual humiliation or shame, as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Act and subordinate statutes to investigative reports (in cases of cutting down a suspect's photographic screen pictures) and screen pictures and CDs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., 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.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., personal information is personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.