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(영문) 수원지방법원 2020.09.24 2020고단4221

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 17:40 on July 5, 2019, the Defendant taken the victim’s bridge, her name unclaimed, using the Defendant’s cell phone located in Kameras, and taken the victim’s bridge, her name unclaimed, from that time until May 20, 200, such as the list of crimes, from May 20, 200 to May 19:0.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. A report on investigation (limited to a cell phone that has been seized) and a report on investigation (limited to an extracted photograph of crime);

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with labor, respectively, concerning the crime

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

1. Where a conviction becomes final and conclusive as to the facts constituting a crime in which personal information is to be registered and submitted as stated in Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the disclosure notification order and employment restriction order, and the sexual crime subject to registration which can be achieved.