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(영문) 수원지방법원 2017.07.20 2017고단3699
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 2, 2017, the Defendant, at around 20:44, at the cross- underground stores located in Suwon-si B, Suwon-si, c7, followed a female victim who suffered a test color mar, and taken a boom image of the body part of the victim by using a cell phone with the function of a car camera where a test color mar is installed, and using a cell phone with the function of a test color mar.

In addition, the defendant from around 13:42 on April 30, 2017 to the same year.

5.2. From 20:48 to 20:48, victims were exposed to motion pictures in total 33 times as shown in the annexed list of crimes by the aforementioned method.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report - Investigation report on suspect pictures, etc. - Investigation into, investigation into, investigation into, and investigation into, dynamic images of suspect pictures, etc. - Investigation into, “a photograph of screen pictures to be taken of an extracted crime screen” in relation to suspect pictures, and photograph of screen pictures

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Protection and observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 48(1)2 and (3) of the Destruction Criminal Act 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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