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(영문) 수원지방법원 안산지원 2014.10.01 2014고단683
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
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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

At around 17:30 on March 3, 2014, the Defendant taken a photograph of the victim B (n, 20 years old) and C (n, 20 years old) in the same dynamic vehicle using the Defendant's cell phone in the 4th-line subway 4th-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Records of seizure and the list of seizure;

1. Application of the video CD-related statutes;

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, in relation to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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 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 in consideration of the age, family relationship, outline, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime of this case is a case in which the defendant photographs the body of women who may cause sexual humiliation or shame by using mobile phones over two occasions for his own sexual desire, and is a case in which the defendant took pictures against his will, even if he had been punished for the same criminal act, at a disadvantage such as committing the crime of this case, even if he had the record of punishment for the same criminal act of this case, it is favorable for the defendant to recognize all of the crimes of this case, and reflects

Each judgment that is a sex offense subject to the registration and submission of personal information.

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