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(영문) 수원지방법원 안산지원 2014.10.01 2014고단1724
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 17, 2014, at around 14:35, the Defendant took a photograph of the 1st floor and the 2nd floor of the steel industry library 56, a steel industry library 1 and the 2nd floor using the Defendant’s mobile phone device.

Accordingly, the defendant taken the body of the victim against his will, using a cell phone with similar functions as a camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (Attachment of a video CD);

1. Application of Acts and subordinate statutes in writing C;

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;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service, or orders to take lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. For the reason of the sentencing of Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made, taking into account the family relationship, the previous circumstances, etc.) of the Act on the Protection of Children and Juveniles against their own sexual desire, the crime of this case is a case in which the defendant taken a woman's body, which may cause sexual humiliation or shame by using a cellular phone for his own sexual desire, against his will, and is not yet recovered from damage to the victim, and is still in an unfavorable condition, such as where the defendant has a similar nature. The defendant's full recognition of the crime of this case, while taking into account the favorable circumstances, such as the defendant

Criminal facts in the judgment that are sex offenses subject to registration and submission of personal information.

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