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(영문) 청주지방법원 2017.09.28 2017고단837
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On January 2017, the Defendant: (a) taken the Defendant’s house located in Heungdong-gu, Cheongju-si, Cheongju-si, 301, which was a female-friendly victim C (V, 22 years old); and (b) taken the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

2. On February 25, 2017, the Defendant: (a) around 03:50 on February 25, 2017, 2017, committed the Defendant attempted to take the image of the victim F (the age of 20) in the Cheongju-si, Goju-si D; (b) in the next female toilet, in order to take the image of the victim F (the age of 20) in the side screen, from the female toilet; (c) the Defendant operated the video camera of the 7 mobile phone camera, but on the wind that the Defendant started to take the above mobile phone, he attempted to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes, such as arrest reports on occurrence of a case and report on internal investigation (at the time of dispatch to the scene, statements of victims

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to complete a program or community service order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism)

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