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(영문) 수원지방법원 2018.11.15 2018고단5415
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

1. On August 29, 2018, at around 16:53, the Defendant taken a video image of the parts of the body, such as the bucks of the victim, who was seated on the part of the victim, by using cell phones with the cellular phone capable of installing “D”, and the cellular phone capable of installing “D” air conditioners, which are located in Young-si, Young-si B.

2. On August 30, 2018, at around 17:42, the Defendant taken a video image of the lower body part of the body part of the victim’s farced red farced farced farced farc in front of the foregoing method at the F Station E located in Suwon-si, Suwon-si, Suwon-si.

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. Police seizure records;

1. A report on investigation (attaching photographs of seized articles and attaching photographs of crimes);

1. Investigation report (investigation of CCTVs at places where a suspect commits a crime), and application of the F CCTV video-related Acts and subordinate 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 suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act and the conviction against the accused becomes final and conclusive, the accused 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 competent agency in accordance with Article 43 of the same Act.

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