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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3151

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Punishment of the crime

On August 16, 2020, at around 16:16, the Defendant taken pictures against his will the body of victims who may cause sexual humiliation or humiliation over 46 times in total, as described in the list of crimes, from February 1, 2018 to August 16, 2020, by using the Defendant’s smartphone (gal juth, S10), using the Defendant’s smartphone function. The Defendant taken pictures of the body of victims who might cause sexual humiliation or humiliation over 46 times in total, such as the list of crimes, from around February 1, 2018 to August 16, 202.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the list of seizure and criminal statements, electronic information confirmations, photographs outputs, investigation reports (the search of cell phones of the suspect and the closure of illegal videos) by the defendant;

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, 2020) (the fact of taking each of the several photographs 1 through 8 of the annexed crimes), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (the fact of taking each of the remaining photographs) and the choice of imprisonment, 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes and Orders to Attend Course;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 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) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, and process of the instant crime;