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(영문) 청주지방법원 충주지원 2016.06.10 2016고단167

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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

At around 12:00 on May 2, 2015, the Defendant taken or attempted to take the body of the victims, who could cause sexual humiliation on nine occasions in total, such as the list of crimes in the attached Table, by inserting cell phoness, which were in possession of stairs according to the victim, under the rule of body of the victim D (n, 21 years of age) and photographing clothes, etc. of the victim, from around August 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, D, F (Evidence No. 8), and G;

1. Investigative reports and investigation reports (the investigation of these images);

1. An explanatory note of each photograph;

1. A report on the results of analysis of digital evidence;

1. Studio video;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the crime and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a person who attempts to take photographs using a camera) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The crime of this case is a case in which the defendant is working as a studio manager and female students living in the studio using a cellular phone for the purpose of leasing studio or studio, and it seems that the victims would have caused considerable sexual humiliation to the victims in light of the victim's age, size and circumstances taken, and circumstances, which are favorable to the victims that the victims want to be punished: The defendant recognized the crime of this case; the defendant did not have any criminal records of the same kind or suspension of execution.