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(영문) 수원지방법원 성남지원 2015.01.14 2014고단2852
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2014, around 17:53, the Defendant followed the victim B (n, 29 years of age) (i.e., the Defendant) who was enrolled in the Geum-gu Geum-dong, Sungnam-si, Geumnam-si, from the subway station No. 5 of the subway Station No. 17:53, and (ii) taken the victim B (n, 29 years of age) who was listed prior to the Defendant using his cellular phone fluor, which could cause a sense of sexual shame, against his will, using his cellular phone “non-fluor,” the Defendant taken photographs of the victim’s ambane and leg, which may cause a sense of sexual humiliation. From February 28, 2014 to September 6, 2014, the Defendant taken the pictures of 29 female women and ambane, etc. over 17 times in the same manner, as the list of crimes, respectively, against the victims’ will.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Where a conviction against a defendant who has registered personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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