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(영문) 수원지방법원 2017.07.06 2017고단2736
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2016, the Defendant taken 14 victim 14 am, buckbucks, bridges, etc. in the same way from May 16, 2014 to May 14, 201, following the victim’s ambuck and bridge using the Defendant’s G3 smartphone’s camera function.

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 list of seizure records (voluntary submission), and a list of seizure;

1. Responses to the results of digital evidence analysis;

1. Application of related Acts and subordinate statutes to photographs;

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. The sentencing period and frequency of the instant crime and the method of the crime, recording methods, etc. on the grounds of the sentencing of Article 16(2) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not good, but the nature of the instant crime is not good. However, the Defendant’s mistake is against the Defendant, considering favorable circumstances, such as the primary offender, etc., and the Defendant’s age, sex, environment, circumstances surrounding the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions indicated in the records.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 relevant agency pursuant to Article 43 of the same

disclosure order; or

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