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(영문) 수원지방법원 안산지원 2013.11.20 2013고단2170
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2013, at around 16:30, the Defendant discovered the victim's name in the short village located in the air-conditioning 7 subway line located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, which was located in the air-conditioning 12th area in the direction of the departure. The Defendant taken the victim's bucks and bucks by using the Defendant's mobile phone image shooting function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a cellular phone with a camera function 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 a criminal investigation report (a video CD or caps taken by a suspect);

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;

2. Article 62 (1) of the Criminal Act (Considering the following reasons for sentencing).

3. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

4. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that even if the defendant committed the same kind of crime on January 26, 2013 and was punished by a summary order of a fine of five million won, he/she shall be strictly punished for the instant crime. However, taking into account the circumstances, such as the fact that the defendant led to the confession and reflect of the instant crime, and there is no past record of punishment heavier than the fine, the punishment shall be determined as per the order.

If a judgment on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency in accordance with

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, disclosure order or notification order.

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