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(영문) 수원지방법원 평택지원 2018.06.14 2017고단2486
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant taken the body parts of the victims in total 27 times in the manner described in the attached list of crimes between the victim F, who was seated at the E University D D’s lecture room located in Ansan-si, using a mobile phone, and then from March 10, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name) and F;

1. Each report on investigation;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes to video and photograph files in the USB, photograph files stored in the USB of the suspect, and photograph files restored from the suspect's cell phone;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. As for the reasons for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act, the crime committed by the Defendant, who taken body against the victims’ will, is not less than twenty-seven times, such as the frequency of the crime being committed.

However, the defendant seriously reflects the defendant, does not capture the photograph taken by the defendant, and the incidental disposition is imposed to prevent the second offense in consideration of the fact that the defendant was the first offender.

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