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(영문) 수원지방법원 2018.09.06 2018고단2604
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 21, 2017, the Defendant: (a) taken visual images of the victim’s cell phone located adjacent to the victim C (22C) who had reported urines at the urine, using a cell phone with the function of a camera in the urine of the victim C (23).

In addition, from around 2016 to June 21, 2017, the Defendant: (a) from the above B toilet to the above B toilet, the prosecutor cancelled the prosecution against the deletion of 45 of the list of crimes in the attached Form No. 164 times in total, such as the list of crimes in the attached Form No. 164; and (b) on August 9, 2018, the court notified the decision to dismiss the prosecution against this part at the third trial date.

The victims were exposed to video images.

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. C’s statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to reports on results of analysis of digital evidence, investigation reports (the details of the prosecutor's direction), investigation reports (the partial confirmation of the list of crimes committed by police officers in the jurisdiction);

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, community service order, 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a judgment of conviction on the instant criminal facts subject to the duty to register personal information under Article 48(1)1 of the Criminal Act is finalized, the Defendant shall be subject to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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