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(영문) 수원지방법원 2017.07.06 2017고단2415
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 2, 2017, around 16:44, the Defendant, at the bus stops located in Suwon-gu, Suwon-si, D 12, and the Defendant, at the bus stops located in Suwon-si, and the name influenite-type, 3 mobile phones of the Defendant, taken the victim’s buckbucks, bucks, and bridges with dynamic images, and taken the victim’s 34 victim’s 34 pucks, as indicated in the attached crime list from September 29, 2016 to March 2, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a general list of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of seized objects), investigation reports (Attachment of photographs of screen pictures of the suspension of criminal motion pictures);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Surveillance of protection, orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 48(1)2 and (3) of the Destruction Criminal Act becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects.

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