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(영문) 수원지방법원 안양지원 2016.07.22 2015고단1972
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2014, at around 13:44, the Defendant: (a) taken a portable phone ( S4TE when gallon LTE) possessed by the victim F (20 years of age, female) who displays bread at E stations located in Manyang-si, Mayang-si, Manyang-si, against the victim’s will, by inserting the cell phone (S4 LTE) under the gallone of the damaged party; and (b) taking the victim’s buck clothes, buckbucks, etc., which may cause sexual humiliation or shame by using the recording function of Kamera video shooting.

2. On May 27, 2015, the Defendant, following the victim I (40 years of age, women) waiting for the calculation of the value of the goods at H convenience stores located in Mayang-gu G, Mayang-gu, Mayang-si, Mayang-si, and taken pictures against the victim’s will, using the victim’s image photographing function, in order to put the victim’s cell phone into the part of the body body and to cause sexual humiliation or shame.

3. On May 31, 2015, the Defendant taken pictures against the victim’s will, by inserting the victim’s L (43 years of age, nivers) placed in K4 stories located in the GuJ during Ansan-si on May 31, 2015, under the part of the victim’s body, which could cause sexual humiliation or shame, using the recording function of the victim’s cell phone image, such as the buck clothes, buckbucks, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Lritten statements;

1. Application of the police seizure protocol statutes;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, even though the defendant had been sentenced twice to a fine for the same kind of crime.

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