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(영문) 수원지방법원 안산지원 2018.05.02 2018고단321
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 15, 2017, the Defendant was sentenced to a suspended sentence of two years in August 23 of the same month at the Seoul Western District Court, for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.).

(1) On August 19, 2017, the Defendant, on August 13:38, 2017, taken the parts of the body part of the female victims under the name of the non-indicted female victim, who suffered from the primary skin of the clock in the name of the clock in the name of the clock in the name of the clock in the name of the clock in the name of the woman who suffered from the clock in the name of the clock in the name of the clock in the name of the clock in the name of the clock in the name of the clock in the name of the clock in the name of the woman, from around 09:52 of May 12, 2016 to around the above time, as shown in the list of crimes in the attached Table 109 times in total.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using mobile phone cameras against their will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (the photographs related to the crimes of sexual assault (use and photographing, such as a camera), etc.;

1. Previous convictions in judgment: The text of judgment, investigation report (the pronouncement of the same case and the confirmation of the date thereof), application of Acts and subordinate statutes making inquiries about criminal history;

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 for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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 Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that although the defendant was tried for the same kind of crime and the nature of the crime is not good, the defendant is led to confession and reflect, the defendant is currently receiving medical treatment with a psychiatrist in relation to the crime of this case, and the judgment becomes final and conclusive.

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