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(영문) 수원지방법원 성남지원 2018.02.06 2017고단2900

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2017, at the bus stops located in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant taken pictures of the body parts of the victim, who might cause a sense of sexual shame against the victim’s will against the victim’s sexual humiliation, using S8 Plus smartphone’s camera function, at the bus stops located in Seongbuk-gu, Sungnam-si.

2. On September 7, 2017, the Defendant, within the subway station history in Gangnam-gu Seoul Metropolitan Government, taken pictures of the body part of the victim’s flaps, which may cause sexual humiliation against the victim’s will influence (nife, age, and age), using S8 Plus Smartphone’s camera function, and taking pictures of the body part of the victim’s flaps, which might cause sexual humiliation against the victim’s will influence (nife, age), within the scope of subway H stations history in Gangnam-gu Seoul Metropolitan Government. The summary of evidence was taken by the Defendant.

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles);

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. As to the grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that the Defendant committed each of the instant crimes without being aware of the suspension of sentence for the same type of crime in 2017 is very unfavorable to the Defendant.

However, the defendant has shown his attitude to confession and reflect each of the crimes in this case, there is no other punishment force than the above, and the defendant stored the video separately or used it in another place.

The sentence shall be determined as per the disposition in consideration of the fact that there is no evidence to be viewed and the circumstances of Article 51 of the Criminal Act.

Criminal facts of the judgment, which are sex offenses subject to registration and submission of personal information.