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(영문) 수원지방법원 안양지원 2018.02.21 2017고단1783
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

1. On May 11, 2017, the Defendant discovered a victim F (nick, 22 years of age, 22) who reads a male toilet side of the “E” house located in the third floor of the Gu D D building in Ansan-si around May 11, 2017 and enters a male toilet into a male and female public toilet, and entered the toilet back to the victim’s side partitions, and the toilet partitions owned by the Defendant as above.

In order to raise the U.S. 4 Smartphone (No. 1), the victim took the image of the victim using the dynamic image recording function of the aforementioned mobile phone device.

2. On June 24, 2017, around 17:22, 2017, the Defendant discovered a female victim whose name is unknown in front of the H Station subway located in Dongjak-gu Seoul Metropolitan Government, and taken off the victim’s tamp and the part of the victim’s tamp and bridge by using a video photographing function of the smartphone as described in the above paragraph (1).

3. On July 1, 2017, around 00:46, the Defendant discovered a female victim with whom it is impossible to find out his/her name from the J history located in Guro-gu Seoul, Guro-gu, Seoul, and found him/her a female victim from whom he/she cannot be identified, and the Defendant, following the detection of the victim’s bridge on the part of the victim’s bridge by using the dynamic image shooting function of smartphone as described in the foregoing paragraph 1.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame over three times against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

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

1. Investigation reports (in response to results of digital evidence analysis);

1. Application of the Acts and subordinate statutes to photographs at the scene of the occurrence of the case, caps with the entrance and exit of a toilet, and female-related photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Courses;

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