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(영문) 수원지방법원 2017.07.20 2017고단2885
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 April 6, 2017, at D underground stores located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) did not play a sound by using an “E” case installed using a cell phone with a camera function, and took the back habit of the victim.

On March 4, 2016, from around 17:52 to April 19:11, 2017, the Defendant taken the victims of a total of 80 times, as described in the list of crimes in attached Form 1, using the aforementioned methods at the flood log from around 17:52 to around 19:11.

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. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the investigative report (investigation into photographs taken by the person against whom the crime is committed), screen pictures showing an extracted crime-related motion picture;

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. Protection and observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3) and Article 16 (4) 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, details and motive of the crime, and exemption from the disclosure order or notification order.

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