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Reasons
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(영문) 대전지방법원 홍성지원 2015.10.23 2015고단797
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:45 on May 25, 2015, the Defendant: (a) on the D stores located in Chungcheongnam-gun Hong-gun Hong-gun, the victim E (n.e., 28 years of age) reported both horses at both endppers; (b) covered the newspaper on the string PC used by both endpers; and (c) made the pande of the victim’s pande, and then taken the victim’s body against the victim’s will, by photographing the pande, taken the pande of the victim’s pande, which might cause sexual humiliation or humiliation, using the camera or other similar devices with similar functions.

2. On May 25, 2015, at around 16:11, the Defendant: (a) placed the victim F (n, 32 years of age) in the above store by reporting that the victim F (n, 32 years of age) is taking the object by hand; and (b) took a cover of the newspaper on the left hand PC with the left hand; (c) taken the pande pande of the victim so that the Kameras would have the victim go above, and then taken the victim’s body against his will, by taking the pande panty, which might cause sexual humiliation or humiliation by using the camera or other similar devices equipped with similar functions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is a primary offender, and the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. of this case as shown in the records and arguments of this case shall be taken into consideration);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation and Order to Attend Education;

1. As to the crime of this case against the defendant who has registered personal information under Article 48(1)1 of the Criminal Act.

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