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(영문) 수원지방법원 성남지원 2016.09.09 2016고단1783
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 April 12, 2016, around 15:08, the Defendant taken a photograph of the part of a female victim’s bridge in front of the exit using a LG-g-4 hand phone in front of the exit, which was located in the Defendant’s possession of the Defendant, prior to the exit of 35 Kameras, and taken a picture of five female victims’ legs from April 12, 2016 to 15:09 on the same day, using the above telephone carrying device over a total of five occasions, as indicated in the list of crimes, as shown in the list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera installed in a portable phone against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on seizure records and photographs of each damage;

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 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 (i.e., the first offender and reflectiveness) in the suspension of execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. If a conviction on each of the facts stated in the judgment that constitutes a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

It is time to comprehensively consider the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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