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(영문) 수원지방법원 2017.11.02 2017고단6110
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2017, the Defendant, in the vicinity of G central entrance, located in the wife F, G, G, which was located in the wife F, took advantage of the gaps of the victim H (one, half, and fifty-one years old) who was suffering from f, and used this telephone, taken the flock of the victim following the victim, using the part of Samsung G, which was owned by the Defendant, during Samsung Gallon L, which was owned by the Defendant, using the part of S8 smartphone screen pictures.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with H;

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

1. Application of Acts and subordinate statutes to investigation reports (ctv data analysis);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. When a judgment of conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 62-2 of the Criminal Act, the main sentence of Article 16(2), Article 16(3) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the protection effect of the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children Juveniles against Sexual Abuse.

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