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(영문) 수원지방법원 안양지원 2018.11.07 2018고단1179
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on June 10, 2018, the Defendant taken a photograph of the victim C (Woo, name) and the stoke in the direction-setting train for the Induna 529, which was located in Ansan-si, as it had been located in the Gu. The Defendant taken the bridge and stoke in the mobile phone using the camera located in the mobile phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C (tentative name) and D;

1. Police seizure records;

1. Mobile images of the victim's cell phone;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes on investigation reports (verification of whether the results of digital evidence analysis show the suspect's criminal history photograph, and victim raise);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the assertion of the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant and his defense counsel asserted that the Defendant was in a state of mental and physical weakness due to mental disorder and mental disorder at the time of committing the instant crime.

According to the evidence duly adopted and examined by this Court, the defendant was not deemed to have been drunk at the time of committing the crime of this case. However, the defendant suffers from pnematic disorder and shock and shock disorder.

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