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(영문) 수원지방법원 성남지원 2020.01.21 2019고단2809
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on July 27, 2019, the Defendant taken three times the victim’s bucks by using the cell phone function of the cell phone owned by the Defendant, which was a witness of having been seated in the short half of the victim D (one name, one) in the bus operated in front of Seocho-gu Seoul, Seocho-gu Seoul Metropolitan City.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Records of seizure and the list of seizure (12, 13 pages of investigation records);

1. Application of Acts and subordinate statutes to photographs (133 pages of investigation records) according to the original list of goods taken out;

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;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment on the crime subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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 the defendant is obligated to submit personal information to

The age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order of the defendant exempted from disclosure and notification order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration, and effects of protecting victims, etc. shall be comprehensively considered.

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