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(영문) 청주지방법원영동지원 2020.10.22 2020고단88

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 10:00 on December 23, 2019, the Defendant: (a) taken the body of the victim from the second female toilets of the C Public Health Center in Chungcheongbuk B, and (b) attempted to take the body of the victim by keeping the cell phone in an empty gap between the bottom of the partitions in order to photograph the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs (public health clinics second floor toilets);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17086, Mar. 24, 2020) and Articles 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the choice of imprisonment with prison labor

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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; the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that a suspended sentence of imprisonment with labor, an order to attend a course, an order to restrict employment, and the registration of personal information of the accused alone appears to have a certain degree of effect on the prevention of recidivism; and the fact that there are other special circumstances that may not disclose or notify the personal information of the accused when comprehensively considering the various circumstances, such as disadvantages and anticipated side effects that the accused

1. The crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities for the purpose of sentencing is to take the body of a victim who is in a urine partition at a public health clinic while the defendant is working as a contractual employee at a public health clinic, and thus, the crime is committed even though it