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(영문) 의정부지방법원 2017.01.23 2016고단4922
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

피고인은 2014. 9. 17. 20:57 경 광주 동구 B에 있는 지하 상가에서 촬영을 위해 소지하고 있던 카메라가 내장된 공기계 휴대 전화기로 흰색 핫팬츠를 입은 성명을 알 수 없는 피해자( 여, 20대) 의 하체 부분을 무음 카메라 어플을 사용하여 촬영한 것을 비롯하여 별지 범죄 일람표와 같이 위 일시부터 2016. 8. 24. 16:48 경까지 사이에 6회에 걸쳐 피해자들의 하체 부분을 촬영하였다.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

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

1. A report on results of digital evidence analysis;

1. Evidence analysis data CDs;

1. Application of Acts and subordinate statutes to a photograph or a dynamic image closure (a report attached to an investigation report);

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the frequency of photographing is relatively low, the defendant is in profoundly against his/her own mistake, and the defendant is not likely to repeat such crime again;

In light of all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant has no record of committing the crime, the fact that the defendant has no record of committing the crime, and the defendant's age, sex behavior, environment, etc., it is deemed that the defendant's conviction is obvious.

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

However, the judgment of suspended sentence against the defendant becomes final and conclusive.

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