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(영문) 수원지방법원 2016.11.10 2016고단3351
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

"2016 Highest 351"

1. On April 27, 2016, the Defendant, at around 07:20, taken a video image of the victim’s body by using the gallon 5 smartphone photographing function of gallon 5 smartphones, where the Defendant was in possession of a female victim with no knowledge of his/her name, at around 07:20.

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.

"2016 Highest 5645"

2. On August 17, 2016, the Defendant, at the D Station located in Suwon-si C on August 17, 2016, screened the victim’s fluora on the part of a female victim, who suffered a short color flaps and whose name is unknown on stairs, using the victim’s fluora gal galtho galthro-ray’s fluorae photographing function of Samsung 5 smartphonephones.

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

[2016 Highest 3351]

1. Defendant's legal statement;

1. Investigation report (Attachment of a photograph of panscopic photo);

1. A protocol of seizure and a list of seizure (2016 order 5645);

1. Defendant's legal statement;

1. Investigation report (Attachment of a photograph of the suspension of seizure and criminal motion picture);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing of Article 48(1)1 of the Criminal Code is that the crime of this case is not good in light of the method of the crime of this case and the recording book, and the defendant, even though his judgment was pending due to the first car camera photographing, is the second car camera.

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