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(영문) 수원지방법원 안양지원 2019.10.02 2019고단1465

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 23:50 on May 10, 2019, the Defendant taken the body part of the victim D (name, inn, inn) who suffered from a cell phone located in the Kameras in Dongjak-gu Seoul Metropolitan Government for shooting, using bucks, such as ambbbbbbs, in a video using a homermermermeras, and taken the body part of the victim from August 18, 2018 to May 10, 2019, as shown in the annexed list of crimes, such as 114 ambucks and bucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on analysis of digital evidence and an investigation report (Evidence Nos. 10);

1. Application of the Acts and subordinate statutes, such as a shot ray, a photograph of a screen image taken by the suspect, and a photograph of a screen image taken by the suspect;

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) shall apply to a crime committed before December 17, 2018, with respect to the pertinent legal provisions on criminal facts and each of the choice of punishment for sexual crimes, and the choice of imprisonment, 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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Community Service;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the following factors are comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing as indicated in the present arguments and records, such as the circumstances after the crime.