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Reasons
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(영문) 수원지방법원 2017.09.28 2017고단4627
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

All video images recorded in the judgment of the court in subparagraph 1 of the seized evidence shall be destroyed.

Reasons

Punishment of the crime

1. On June 18, 2017, around 14:33, the Defendant taken a video image of the victim’s bucks, with the Defendant’s cell phone camera located in Dongjak-gu Seoul Metropolitan Government (D5). The name of the Defendant’s red fucker, which was placed in the Defendant’s cell phone camera, taken by using the Defendant’s cell phone camera.

2. On June 18, 2017, around 14:42, the Defendant taken screen pictures of the victim’s buckbucks and bucks, etc., in the name of the victim who suffered blue mucks in the same manner as that of paragraph 1, in which he/she was influent bucks and bucks in the form of paragraph 1.

3. On June 19, 2017, at around 18:42, the Defendant taken a video image of the victim’s f. 1 line f. 1 line E in Suwon-si, Suwon-si, with the name of the victim who suffered color f. 1 line in the same manner as paragraph 1.

4. On June 19, 2017, at around 18:46, the Defendant taken a video image of the victim’s humbuck bucks, in light of the name that the Defendant suffered blue mar in the same manner as that of paragraph 1, from the top f. 3, at around 18:46, and from the name of the victim’s hump bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. List of seizure and evidence of seizure;

1. Investigation report (Attachment of seized articles and photographs related to crimes), application of the Acts and subordinate statutes to victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning 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. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the crime of this case by a defendant was committed only four times over the title, and another video or photograph has not been discovered from his mobile phone.

The defendant is the first offender.

The defendants recognize and reflect all their mistakes.

Prior to the instant case, the Defendant seems to have faithfully engaged in school life and social life.

The defendant shall make a drinking driver on April 2016.

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