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Reasons
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(영문) 대전지방법원 홍성지원 2016.02.05 2015고단1142
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment 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

1. On November 2, 2015, at around 19:28, the Defendant taken a photograph of another person’s body, who may cause sexual humiliation or sense of shame, using a cell phone camera function outside of the D 1st floor, in which the Defendant was holding a cell phone, and takes a part of another person’s body that may cause sexual humiliation or sense of shame, using a camera or other similar mechanism with similar function.

2. On November 17, 2015, at around 19:40, the Defendant taken the body of another person, using a mobile phone camera function, who was possessed by the Defendant at the above location, and taken the body of the said other person, who may cause sexual humiliation or shame, using the camera or other similar devices and devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of the investigation report (report on the confirmation of suspect mobile phone storage motion pictures and photographs) Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the Act on the Suspension of Execution), that the defendant has no record of the punishment heavier than a suspended sentence,

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation of orders to attend lectures and the Punishment, etc. of Sexual Crimes;

1. The defendant who is obligated to register personal information under Article 48(1)1 of the Criminal Act is convicted of the crime of this case.

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