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(영문) 수원지방법원 안양지원 2018.12.21 2018고단1725
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 August 6, 2018, the Defendant: (a) reported on around 11:32, Ansan-si C, the front underground shopping mall, and followed the Defendant’s short string of the body, such as the bridge, fat, fat, etc. of female victims, from around 10:40 on August 2, 2018 to August 6, 2018, using his own smartphone camera; and (b) taken the body of the victims, such as the bridge, fat, fat, etc., of female victims, from around 10:40 on August 2, 2018 to around 11:32, 2018.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E or D;

1. Police seizure records;

1. A report on the result of a program for submitting smartphone evidence;

1. A CD copy of dynamic image evidence;

1. Application of Acts and subordinate statutes to a report of investigation (an investigation into video images taken by a victim's body);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes and the selection of imprisonment with prison labor;

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 main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018);

1. Circumstances favorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act: The fact of the crime is recognized and reflected; circumstances unfavorable to the first offender: a large number of times of the crime committed against many unspecified victims; the victims did not receive correspondence from the victims; and the body part of the body of the victim, the Defendant’s age, sex, environment, etc.

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