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(영문) 수원지방법원 안산지원 2014.08.27 2014고단1893
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 June 7, 2014, from around 15:52 to 15:56 of the same day, the Defendant taken the victim E’s her her her son’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

2. On June 7, 2014, from around 18:56 to 18:57 of the same day, the Defendant taken pictures in the vicinity of the body part of the victim F (n) who might cause a sense of sexual shame by using the said smartphone at the entertainment room.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, E, and G preparation;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing crimes;

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, respectively;

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 (Consideration of sentencing)

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the 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 (which does not disclose or notify personal information in consideration of the initial crime, family relationship, and the previous circumstances) is a case in which the defendant photographs a female victim's body against the victim who may cause sexual humiliation or shame by using a cellular phone for his/her sexual desire, against his/her will, and is a case in which the victim's body is still taken against the victim's will, and thus, the defendant has been aware of all the crimes of this case.

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