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(영문) 수원지방법원 여주지원 2017.11.22 2017고단1255
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 17, 2017, around 10:46, the Defendant taken pictures against his will of victims who might cause sexual humiliation or shame by using S7 smartphones, as well as taking photographs of the parts of the victim’s bucks, which could cause sexual humiliation by using the Defendant’s bucks, located in Isra in Echeon-si B. In addition, from June 19, 2017 to July 17, 2017, the Defendant taken photographs of the body of victims who might cause sexual humiliation or humiliation by using devices with a camera function over 20 times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of taking photographs, such as cameras) and the selection of imprisonment with prison labor;

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 suspended execution;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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