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(영문) 수원지방법원 2017.11.16 2017고단6645
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On September 18, 2017, the Defendant: (a) taken 8 victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst her

Accordingly, the defendant taken the body parts of the victims who could cause sexual humiliation or shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. List of seizure and protocol of seizure;

1. Investigation report (Attachment of seized articles and photographs related to crimes), application of photographic Acts and subordinate statutes related to crimes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. On October 24, 2014, the Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, was sentenced to a fine of KRW 3 million for the crime of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.) at the Suwon Flag method Board on October 24, 2014, and, on July 7, 2015, was a witness of a third party for inserting a camera into a female flag. However, the Defendant again committed the instant crime. The Defendant violated the victim’s right to sexual self-determination and freedom of not being subject to photographing due to the instant crime.

Considering the equipment used by the defendant in shooting, the image of the photograph taken by the defendant, the color of the photograph taken, and the like.

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