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(영문) 수원지방법원 성남지원 2016.06.17 2016고단697
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 25, 2015, at around 15:36, the Defendant: (a) opened the panty part of women’s panty on the first floor of the Sungnam-si, Sungnam-si, Madro-si, Madro, B, to make it easy for them to photograph the panty part of women’s panty, he prepared a camera in advance by attaching the Defendant’s cell phone camera to the above hole; (b) opened the two cell phone cameras in the door where the victims are located so that they can not find the above camera; and (c) opened the cell phone screen to the victim D (3 years of age), the victim E (31 years of age), and the victim E (31 years of age), putting the victims into the cell phone part of the victim’s panty part into the victim’s cell phone joint with the victim’s cell phone joint.

In addition, on September 22, 2015, from around 19:48 to September 16:09, the Defendant taken the body of another person, who could cause sexual humiliation or sense of shame, by photographing the victim’s panty part over a total of six times, such as the Defendant’s cell phone camera, on a total of six occasions, as indicated in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Records and photographs of seized articles;

1. Application of the Acts and subordinate statutes on CDs and caps as a result of digital evidence analysis;

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 for 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the Defendant prepared to commit each of the instant crimes against many unspecified women in advance, and the nature of such crimes is not good.

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