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(영문) 수원지방법원 성남지원 2018.03.06 2017고단3190
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

1. From May 2017 to July 2017, the Defendant took 10 times the body part of the victim’s bridge, such as the ambane, and the ambridge, etc., of the victims in distress, as described in the attached list of crimes, at the time of the above day, from May 2017 to July 2017, where the Defendant had taken 10 minutes of the victim’s bridge part, which may cause sexual humiliation or sense of shame using S8 mobile phones during the gallon of the Defendant, with the Defendant inside the camera, against the victim’s will.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

2. On July 21, 2017, the Defendant committed around July 21, 2017: (a) around 23:58, 2017, at the exit-gu Esplate No. 2 located in Sungnam-si B, Sungnam-si, Sungnam-si, the Defendant failed to commit a crime by inserting S8 of the Defendant’s gallon-gu, which was located in the Defendant’s Kameras, after the victim D (nick, temporary name, and age 26) with a bridge between the mobile phone victims, and gallon-gu, which was located in the Defendant’s possession of the Defendant, by inserting the gallon-si, the Defendant did not commit a crime with the wind that the Defendant was aware of the victim’s right to take

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Investigation report (Attachment of output);

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with 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 (The following favorable circumstances):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has a criminal record of sexual assault once, and the crime of this case is committed.

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