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(영문) 대전지방법원 2016.04.29 2016고단738
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

On June 12, 2015, the Defendant taken a photograph of the victim’s name, such as buckbucks, which are not a victim’s name, where the victim took music at a non-filled urban bus platform of a place.

From that time until July 10, 2015, the Defendant taken 649 copies of physical photographs, such as buckbucks and paper, which may cause the victims to feel sexual humiliation against the victims’ will, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A list of photographs stored in seized articles;

1. Application of investigation reports (a separate CD attachment related to crime sights), and statutes on CDs for storage of photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including the occupation of camera photographs and each victim of the relevant date);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act [the punishment provided for in Articles 40 and 50 [the punishment on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the 11-year period of each Sexual Crimes in the annexed Table Nos. 11]; the punishment on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of camera, etc., such as camera, etc.) against the persons who have recently been exposed to the recent period of the largest criminal situation; the punishment on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the annexed Table No. 15-year period of each Sexual Crimes (the punishment on crimes of violation of the Act on Special Cases concerning the Punishment, etc., of Sexual Crimes against the persons who have

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) around July 10, 2015 with the largest penalty];

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The record of fines of the same kind for the reasons of sentencing under Article 48(1)1 of the Criminal Code;

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