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(영문) 수원지방법원 2019.09.05 2019고단3294

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 19, 2018, the Defendant committed the crime on December 19, 2018: (a) suffered flaba in the C Exclusive Station B located in Osan-si, Osan-si; (b) went away from his name-free female victims; and (c) taken the victim’s bridge and flaba by using mobile phone camera from the victim’s back to his/her cell phone.

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

2. On December 20, 2018, the Defendant, at around 08:50 on December 20, 2018, 2018, accessed the part of the victim’s flamera to the following behind the bus stops located in Osan-si B, Osan-si, waiting for a bus by taking a flamer at the bus stops located in C Station B, and taken a screen image of the victim’s flamera using a mobile phone camera.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (the counter investigation of the arrest), investigation reports (Attachment of photographic images of the suspect), and printing video images;

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, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act