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(영문) 수원지방법원 2017.05.25 2017고단1771
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 February 1, 2017, at around 23:10, the Defendant taken the image of the female victims of six women in total, as shown in the list of crimes in the attached Table from around 23:34 of the day to 23:34 of the same day, in the female toilets of the building in Suwon-si, where the female victims in the name are considered to have been seated with a strings of the strings, using a camera function of smartphones possessed by the Defendant, and the Defendant taken the image of the 23:34 of the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

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

1. Application of the Acts and subordinate statutes to report on investigation (verification of suspect pictures, etc.);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the 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. The grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant shall be taken into account: (a) the method and content of the instant crime; (b) the intent of the victim to punish the offender; (c) the Defendant reflects the Defendant’s mistake; and (d) the Defendant’s primary offender is considered as favorable circumstances; and (e) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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