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(영문) 의정부지방법원 2017.01.09 2016고단3676
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 shall be confiscated.

40 hours per the defendant.

Reasons

Punishment of the crime

"2016 Highest 3676"

1. 피고인은 2016. 8. 14. 01:15 경 구리시 B에 있는 C 시장 공영 주차장 앞길에서 피해자 D( 여, 22세) 이 흰색 반바지를 입고 쭈그린 채 앉아 있는 것을 보고 소지하고 있던 휴대 전화기에 내장된 카메라를 이용하여 피해자의 다리 사이 부분 신체를 사진 촬영하였다.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame against his will in a cell phone camera.

"2016 Highest 4972"

2. Defendant 1:00 on September 26, 2016, at the time of the gallon of Samsung F, the market value of which is equivalent to 680,000 won in the victim’s gallon of Samsung F, the victim’s gallon of Samsung F, which was placed on the gallon of the victim’s gallon, located in the gallon of the 104-dong apartment building in front of the 104-dong apartment complex, around 09:0;

L. A. L. theft was committed.

3. On October 16, 2016, Defendant 1, on the part of Defendant 19:40 Dongri-si E apartment complex 104, Defendant 2: (a) entered the victim’s residence together with the victim’s house in order to care for the drunk victim; and (b) took a theft with one unbrupted wall in the city where the victim’s cash 205,000 won, which is the victim’s possession, was b0 won, was under the influence of alcohol.

Summary of Evidence

"2016 Highest 3676"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Photographs photographs of the victim's cellular phone " 2016 Highest 4972";

1. Statement by the defendant in court;

1. Statement made by each police officer G or F;

1. Written statements of each victim;

1. CCTV recording CDs;

1. Photographs of thief;

1. Application of the Acts and subordinate statutes for investigation reporting;

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, Article 329 of each Criminal Act and the choice 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Punishment, etc. of sexual crimes committed against him/her;

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