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(영문) 수원지방법원 2018.11.29 2018고단4368
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 March 29, 2018, the Defendant, at around 18:55, taken the body of the victim, who was fluenced in the form of body fluenc pattern, flucing the body of the victim, using a cellular phone with the mobile phone function in which it is difficult to identify that other programs are operated and videoed in the surrounding areas, without any sound from D or video recording, at the bus stops located in C, No. 11 in front of the exit 1, in Suwon-si B, Suwon-si, Suwon-si, 2018.

The defendant, including this, has the same effect.

5. From the 19:15th day to the 19:15th day, the victims were exposed to video images in total 108 times, such as the statement in the list of crimes in the attached Form.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of seized articles and photographs related to crimes);

1. Application of the Act and subordinate statutes of two video CDs (the sight list 1-13, 14-46), two video CDs (the sight list 46-78, 79-108)

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Protection and observation, 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. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda to the same Act (amended by Act No. 15352, Jan. 16, 2018) becomes final and conclusive upon conviction on the crime of this case, the Defendant is subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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