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(영문) 서울서부지방법원 2020.12.23 2020고단3548

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등

Text

A defendant shall be punished by imprisonment for one year.

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 August 20, 2020, the Defendant entered the 1st floor stairs through a joint signature that was not corrected in order to take a shower image by the victim C (the 25 years of age) residing on the 1st floor in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and multi-household housing. On August 20, 2020, the Defendant collected the Defendant’s cell phone from the cell window of the said victim, thereby putting the Defendant’s cell phone into the shower screen.

Accordingly, the defendant invadeds on the residence of the victim, and taken the body of the victim who could cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. A report on internal investigation (the photograph around the place of occurrence);

1. Application of the existing Acts and subordinate statutes of the seized Audio 7 (No. 1);

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of entering residence), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using cameras and photographing photographs), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are the case where the defendant intrudes the victim's residence and photographs shower figures of the victim, and the crimes are not good in light of the method of crime,

The defendant also has the same criminal records once.

However, it appears that the defendant led to the confession of the crime, and the crime was committed only in one case, and illegal filmings are illegal.