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(영문) 부산지방법원 2017.12.13 2017고단5125
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 13, 2017, at around 19:15, in Songpa-gu Seoul, the Defendant taken the body of the victims who might cause sexual humiliation or shame against the victims' will during the period from September 23:04, 2017, such as the recording of the crimes in the attached list of crimes, and taken the brue screen pictures or photographs against the victims' will, by using the camera functions located in the Defendant's smartphone, and against the victim's will, the body of the victims who might cause sexual humiliation or shame against the victims' will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes governing search and seizure (voluntary submission), photographs, each investigation report (Evidence Nos. 6, 10, 15, 18, and 19) to take a photograph, digital evidence analysis result, CDs, restored video files, and photographs, restored photographs, photographs, photographs, and mail investigations by capturing out the original video files;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each sentence of imprisonment;

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 on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service or attend lectures is issued;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant photographs a specific body part against the victims in various places, such as camping grounds, gameland, etc., and the criminal liability is not minor.

I would like to say.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the defendant is the first offender and reflects the depth of the crime, and other conditions of sentencing, such as the age, sex, environment, circumstances leading to the crime, means and methods leading to the crime, the result, and the circumstances after the crime.

Judgment that is a sex offense subject to the registration and submission of personal information.

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