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(영문) 창원지방법원 2020.09.09 2020고단1837

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 8, 2020, the Defendant, around 12:26 on February 8, 2020, taken screen pictures with a view to showing that the female victim was boomed by using a mobile phone in his/her possession, at a shower room or shower room located in Kimhae-si B.

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

2. On April 26, 2020, around 22:03, the Defendant: (a) discovered that the victim D, who was a customer, was in the singing room in Kimhae-si, Kim Jong-si, and found that the victim D, who was the customer, was in the female toilet; and (b) used a cell phone held by the victim, panty panty and panty panty, and then taken a dynamic image on the face of the pane.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes concerning seizure records of police statements related to D, list of seizure, and each investigation report;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) on the

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be submitted with personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal

To some extent, the disclosure order and notification order, the registration of personal information against the defendant exempted from the employment restriction order, and the completion of sexual violence treatment programs.