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(영문) 수원지방법원 2018.08.16 2018고단3208
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 June 29, 2017, the Defendant: (a) taken video images using the Kamera function of smartphones owned by the Defendant, following the Defendant: (b) around 17:48, the 2017 head of Si/Gun/Gu in Suwon-si C, and (c) the nameless female victims, who have been in colored flaps, and the tamera of the tamera, in which the Defendant was in possession.

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

Summary of Evidence

1. Each investigation report - The investigation of suspect pictures, etc. - the investigation of CCTV analysis and attachment of screen pictures for a crime scene; - the investigation of attachment of CCTV images in the scene of a crime; - the investigation of attachment of photograph pictures before and after a suspect's cell phone; - the investigation of attachment of extracted screen pictures for a crime screen;

1. Investigation report (verification of suspect pictures and videos);

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to photographs of CCTV suspended in a crime scene, CCTV recording CDs in a crime scene, photographs of front or rear mobile phones of the suspect, or photographs of screen pictures showing extracted crimes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is unable to expect effects of recidivism due to an order to attend a course due to the lack of communication in Korean to foreigners, due to the lack of smooth communication

[Judgment]

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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