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(영문) 창원지방법원 2019.07.24 2019고단1508
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On May 2, 2019, at the public toilets located at the window B of Changwon-si on May 23:25, 2019, the Defendant: (a) stored S7 mobile phones in Samsung Galtho-si, where the creamer function is included in the crepans between the partitions and the floor, and taken a strings where the victim C (V, 29 years of age) was melted from the defendant’s side partitions, and taken a strings where the victim C (V, 29 years of age) is viewed as a balth from the above date to May 28, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement of each police statement related to C and D;

1. Application of the Acts and subordinate statutes to photographs by cutting down each photograph, a map, or a motion picture;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

1. The accused is not subject to criminal punishment for sexual crimes prior to the instant case, under Articles 47(1) and 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

In addition, in light of the process of the series of crimes in this case and the methods and attitudes thereof, only punishment against the defendant, registration of personal information, and order to attend a sexual assault treatment program shall be re-offending to a certain extent.

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