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(영문) 창원지방법원 마산지원 2021.02.05 2020고단1062

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등

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A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Distribution, etc. of Images, etc.) (hereinafter “the Defendant”), around August 21, 2020, the Defendant took pictures of the body of victims against the will of the victims, who might cause sexual humiliation or humiliation by using a mechanical device having a function similar to a camera, such as the list of crimes, and in total nine times from August 22, 2020, using a video recording function of a cell phone, in the vicinity of a woman shower B located in Chang-si, Chang-si, Chang-si, Mapo, Mapo-si, Mapo-si, Mapo-si.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the possession of motion pictures, such as cameras, etc.) on August 22, 2020, the Defendant stored screen pictures No. 5 in the table No. 195 in the attached crimes No. 3 in the C located in Changwon-si, Changwon-si, Changwon-si, Matern B, in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on the list of seizure, the list of 112 reported cases, the list of screen pictures of the defendant's mobile phone, the map thereof, and the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to report internal investigation (as to the confirmation of the objects of the victim's moving pictures, the escape and cloud deletion taken by the person suspected of being exposed, and as to the screen pictures carried out by D business);

1. Article 14 (1) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Imprisonment with prison labor for the crimes;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Welfare of Disabled Persons Act, which are subject to employment restrictions;