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(영문) 의정부지방법원 고양지원 2018.09.20 2018고단1750
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is not aware of the victim at all.

On May 18, 2018, the Defendant discovered C (V, 18 years of age) a victim who was fright in front of the building in Pakistan-si B on May 19:25, 2018, and subsequently laid off his smartphone on the elevator of B, i.e., the Defendant’s smartphone.

In other words, the victim's bucks were carried with the victim's bucks, and the victim's bucks were exposed by using large-scale car fucks.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on seizure records and the list of seizure lists;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment shall be determined as ordered in consideration of all the conditions of sentencing specified in the records and trial process, such as the Defendant’s age, sexual conduct, environment, motive, circumstance, means, means, result of the crime, the circumstances after the crime, relationship with the victim, etc., as stated in Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Defendant acknowledges crimes.

The defendant has a history of punishment once a fine for a different kind of crime, and has no record of criminal punishment for a sexual crime.

The defendant taken the body of the victim by using a portable telephone camera, depending on the victim's residence, until the elevator of the victim, and in light of the place of taking pictures, the means of crime is highly likely to cause a sense of sexual humiliation, and the defendant seems to have caused considerable anxiety to the victim.

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