beta
(영문) 수원지방법원 2017.08.10 2017고단3552

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 2017, the Defendant, at the first floor of the building adjacent to the convenience store C located adjacent to the insane B of the date on February 2, 2017, made it possible to photograph a mobile phone in the string of the string of the string of the string and the string of the string of the string of the string of the string of the string of the string of the 30 minutes of the string of the string of the string of the string of the string

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

2. On April 9, 2017, the Defendant, at the aforementioned toilet from April 14:00 to 17:00 of the same day, recorded the cell phone and auxiliary sets into the cell phone with a hole, installed to have the cell phone taken through the hole so that the cell phone can be taken, and the Defendant taken the video image for about three hours, such as the victim of the unexploded male, the victim D (V, 33 years old), and his/her her son or her son, and his/her son or her son’s son, etc., who are viewed as melting the urine.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Field photographs, etc.;

1. Investigation report (the result of digital evidence analysis);

1. Report on the results of digital evidence analysis;

1. Investigation report (verification of a victim of photographic images);

1. Application of Acts and subordinate statutes to a report on investigation (verification of motion pictures);

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 on the suspended execution;

1. The reason for sentencing of Article 16(2) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not good in light of the method and content of the instant crime. However, the Defendant’s mistake is against the Defendant, and the Defendant is the first offender with the age students.