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(영문) 수원지방법원 안산지원 2015.07.22 2015고단1770
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

1. On January 12, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) taken video images of the victim C with the Defendant’s cell phone for the purpose of meeting his/her sexual desire in the first floor of the Yandong-gu, Ansan-si, Ansan-si, with a view to meeting his/her sexual desire.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. The Defendant, at around 18:45 on the same day as that of paragraph (1), took photographs of the body of the victim who may cause sexual humiliation by gathering the Defendant’s handphones from the front partitions used by the victim in order to take the image of the victim, such as paragraph (1), at around 18:45 on the same day as that of paragraph (1), and taking pictures of the victim’s body, under which the victim’s handphones are used, to take the image of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the fact that the defendant is led to confession and reflect, and that the defendant has no specific penal power except for the one-time penalty power);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Personal information disclosure shall be made in consideration of the facts described in Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, family relationship, the outline, etc.

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