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(영문) 수원지방법원 안산지원 2014.08.20 2014고단1436
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 20, 2014, around 21:19, the Defendant taken a photograph of a victim’s name unexplosion flacing the stairs using his cell phone in the central area located in the Ham-dong, Ansan-si, Ansan-si, and the same year as indicated in the list of crimes in the attached list of crimes.

4. By October, 198, the victims’ body was taken 26 times.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a cellular phone with similar functions as a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each written statement in B and C;

1. An investigation report (bamere video CD);

1. Application of Acts and subordinate statutes to photographs of video by crime;

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, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. The crime of this case was committed on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose or notify personal information in consideration of the initial crime, family relationship, and the previous circumstances). The defendant taken screen pictures of female victims against their will that may cause sexual humiliation or shame by using mobile phones against many female victims for their sexual desire. In light of the unfavorable circumstances such as where the number of crimes is extremely high, the defendant recognized all of the crimes of this case, and reflects the defendant's depth of his mistake while the defendant is aware of all of the crimes of this case.

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