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(영문) 서울북부지방법원 2020.10.29 2020고단2771

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 18, 2019, at around 08:17, the Defendant taken videos using the Defendant’s cell phone (i.e., opphone 11)’s cell phone to screen screen pictures of the body of the victim in the name of the victim, as shown in the attached list of crimes, around 11 times in total from around 08:00 to February 20, 2020.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame by using carmeras against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on investigation into the 112 Reporting Report List (the final arrangement of suspected images taken by a suspect) and a report on investigation into video files CDs (the specific place of crime by a suspect);

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

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of 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 Act on Welfare of Persons with Disabilities;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed against many unspecified female victims by photographing the body parts of the body against their will, such as a flag, etc., of women against their will, and the nature of the crime is bad in view of the flag, method, frequency, etc. of photographing.

In addition, the defendant is highly likely to be subject to criticism in that he/she committed the crime of this case even though he/she had been sentenced to a fine for the same crime.

(b).