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(영문) 수원지방법원 성남지원 2017.12.08 2017고단2025
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2017, the Defendant: (a) within the D calendar history in Sungnam-si, Sungnam-si; (b) used the gallon function of the Defendant’s smartphone 5 smartphones in the galloning gallon, thereby getting out an escalator; (c) was released from the victim’s body against the victim’s will that may cause a sense of sexual humiliation against the victim’s E (the victim’s age 27) and did not bring out a sense of sexual humiliation; and (d) did not take the victim’s body against the victim’s will; and (e) took the victim’s body against the victim’s will that could cause sexual humiliation or sexual humiliation by using the cell phone function from around 22, 2017 to May 14:25, 2017; and (e) took the victim’s body against the victim’s attempted crime under the aforementioned method, as indicated in the list of crimes in the attached Form 14:25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the results of analysis of digital evidence;

1. Seizure records;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with 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 (The following favorable circumstances):

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

1. As for the reason for sentencing under Article 48(1)1 of the Criminal Act, the fact that the number of defendants with reasons for sentencing exceeds nine times in total is disadvantageous to the defendant.

However, the defendant does not have the same criminal record, confessions each of the crimes of this case, and contributes 5 million won to the public trust for supporting the victims of crime, etc., and the defendant separately stores the above photographs or otherwise stores them.

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