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Reasons
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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단1431
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 April 1, 2017, at around 16:08, the Defendant: (a) within the subway E Station No. 2, subway lines located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) extracted blue and quoted shopping bags at the end of blue and quoted shopping bags; (c) opened the sirens of 6 mobile phones limited to ELD, the camera functions of which are installed, in a way that they can be taken outside through the shopping bags; and (d) opened a location capable of manipulating the photograph of mobile phones using blus function; (e) discovered the victims of the fluse type after discovering the victims; (e) discovered the victims of the fluse type, adjacent to the victims; and (e) discovered the victims of the fluse body of the victims using the same body of the victims, without permission, and made the victims of the fluse image or fluoricul using the same body of the victims; and (e) found the victims of the fluse body of the victims using the same body of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Visual image images and detailed information on the closure of a photograph;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Orders to observe protection and attend lectures or orders to provide community service;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the frequency of each of the crimes in this case.

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