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(영문) 의정부지방법원고양지원 2020.12.17 2020고단2732

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2020, the Defendant: (a) around 15:23, 2020, at Goyangyang-gu C Goyang-gu C Goyang-gu, Goyangyang-gu, Goyangyang-gu; (b) reported that the victim D was faced with a short flash with a short flash; and (c) stored a high-profa, which was prepared in advance, in the body of the victim, in the body of the victim, and taken a video

In addition, on August 5, 2020, the Defendant taken the body of a person who may cause sexual humiliation or sense of shames against the will of the person to be taken, by photographing the body of the person who might cause a sense of sexual humiliations or sense of shames, as shown in the attached list of crimes, from around 13:10 to 15:23 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each protocol of seizure and list of seized articles, photographs of seized articles, digital evidence analysis report, and application of Acts and subordinate statutes to each investigation report (Evidence Nos. 1,18);

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

1. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the same Act (Article 62(1) of the same Act provides that the period of a crime shall not run, but the following circumstances shall be taken into consideration. In other words, the circumstances in which photographs have been distributed out of others are not found. The defendant recognized the facts of the crime, and is actively taking measures to prevent recidivism by being treated with mental and medical treatment. There was no same type of force for the defendant,

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. 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 Article 17282 of the former Act on the Protection of Children and Juveniles against Sexual Abuse.