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(영문) 수원지방법원 성남지원 2015.10.16 2015고단1302
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 26, 2015, the Defendant attempted to commit a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”), using the mobile phone equipment owned by the Defendant located in E-owned toilets located in Seongbuk-gu, Sungnam-si, Sungnam-si, to take and attempt to take a crypine against the victim’s will.

2. Around March 20:36, 2015, the Defendant taken 30 victims of false names against the victim’s will using a mobile phone device installed in the “EM store” toilet in Seongbuk-gu, Sungnam-gu, Sungnam-si, with the cellular phone device installed in the “EM store” as of March 9, 2015, as well as taking a photograph of a change in name against the victim’s will, from the above date and time to May 16, 2015, as shown in the separate sheet, from the above point of view, the Defendant taken 30 victims of false names as shown in the separate sheet.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Police seizure records;

1. Presentations of results of analysis of digital evidence;

1. Application of each investigation report (Evidence No. 12-19) statute

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "cathographs"), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "cathographs") concerning criminal facts: The choice of each imprisonment with prison labor;

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 against Social Service and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for the sentencing of the crime of this case is large number of times, and the fact that the nature of the crime is not very good in light of the place and object of taking pictures shall be considered as the disadvantageous sentencing factors. However, there is no previous difference between the defendant and the defendant's mistake and reflect it.

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