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(영문) 인천지방법원 2020.11.18 2020고단7938

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 21, 2019, the Defendant taken pictures or taken photographs of the body of the victim C (the victim, the victim’s body, the body of the victim’s body, such as the victim’s body, her face, her chest, her chest, and sound, over four times from the date and time to April 16, 2020, using a gallon-gu 7 smartphone camera (No. 1) owned by the Defendant, using a gallon-gu 7 smartphone camera (No. 1). The Defendant taken pictures or taken pictures of the body of the victim three times from the date and time to April 16, 2020.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Police seizure records;

1. 12Application of Acts and subordinate statutes to the 112 Reported case processing table, report on results of analysis of digital evidence (digital siren results - photograph 13 copies, video 1);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the extent and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify information; the preventive effect of sexual crimes subject to registration; and the protection effect of victims