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(영문) 서울동부지방법원 2021.03.19 2020고단4376

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 31, 2020, the Defendant: (a) around 19:10 on August 31, 2020, at “C” located in Songpa-gu Seoul, the Defendant: (b) removed mobile phones from the victim’s name influencies; (c) removed mobile phones from the victim’s body; and (d) taken screen pictures of the parts of the victim’s body in the fluencies by using mobile phone camera functions.

From around 19:45 on the same day, the Defendant continued to place his cell phone at the victim D (insular name, 24 years old) who had been taking an object in front of each set of Maart, and tried to collect the cell phone from the victim D to the fright of the victim D in the same manner, but did not discover the parts of the body part of the victim D in the same manner, and did not lead to the said Maart’s employees.

Accordingly, the Defendant intended to take or attempt to take photographs of a person’s body, which may cause sexual humiliation or shame, against the will of the person subject to taking pictures using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A criminal investigation report (person with the potential of witness) and a criminal investigation report (Attachment to field CCTV images);

1. A report on the results of analysis of digital evidence;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Relevant Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor, respectively;

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

1. Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act;

1. Article 48(1) of the Criminal Act of confiscation.