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(영문) 의정부지방법원 고양지원 2019.08.13 2019고단1482
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:20 on April 23, 2019, the Defendant discovered the victim D (one, half, and seven years of age) from the Sinsan-gu, Yongsan-gu, Goyang-si, the direction of exit No. 5, and taken the victim’s bridges over 14 times in total from December 24, 2017 to April 23, 2019, using the gallon (SM-G95N) gallon (SM-G95N) which was installed in S8 mobile phones in his/her own possession, and taken the victim’s bridges, etc. over a total of 14 times from April 23, 2019.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Damage photographs;

1. A report on investigation (a photographic file of a female crime);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes; Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); and Article 14(1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are recognized and reflected in all crimes.

The defendant taken 14 times the body of the victims against the will of the victims.

Although the defendant was punished for a fine for the same crime, he again committed each of the crimes of this case.

In addition to the above circumstances, the punishment shall be determined by comprehensively taking into account all the factors of the sentencing, such as the contents of the photographing and the degree of sexual humiliation, the age, character and conduct of the defendant, motives, means and results of the crime, the circumstances after the crime, the relationship with the victims, etc.

A judgment of conviction shall be based on the facts stated in the registration of personal information.

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