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(영문) 수원지방법원 2017.07.13 2017고단3424
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2017, at around 18:53, the Defendant: (a) taken videos against the Defendant’s will that could cause sexual humiliation or shame, such as bucks and bucks of female victims, in a total of 20 times in the same manner as indicated in the attached list of crimes, after a female victim’s name, who was suffering from a buck buck pattern in the name of the non-specific female victim, who was in possession of the cell phone camera C Station C (hereinafter “D”) located in Seongbuk-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (case of crime and photographing places for arrest), investigation report (case of CCTV verification in the event of a criminal suspect), investigation report (case of CCTV verification in the event of a criminal suspect), the representative of video by the sequence of sights, and the closure photographs;

1. Application of seizure records and statutes concerning the list of seizure;

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. Surveillance of protection, orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 48(1)2 and (3) of the Destruction Criminal Act becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime, and seriousness of the crime.

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