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(영문) 서울중앙지방법원 2020.12.02 2020고단6888

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On June 13, 2020, at around 15:01, the defendant used the cell phone function of the cell phone camera at No. 8, 2020, the defendant taken a screen picture against the victim's will in front of the defendant, using the cell phone function at the exit c. C. B in Gangnam-gu, Seoul. The defendant taken a screen picture against the victim's will.

5. The same year from around 23.

6. Until December 13, 13 took photographs of the body of the victims who might cause sexual humiliation or shame on 21 occasions by using a camera or other similar mechanism with a total of 21 victims, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on internal investigation, to capture illegal filmings (No. 9) and investigation reports (digital sirens replys and analysis) (No. 14) (Evidence List No. 14);

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. 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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The criminal defendant with reasons for sentencing under Article 48(1) of the Criminal Act is not good in light of the background, content, frequency, etc. of the crime, and the defendant has a record of being punished by a fine for the same kind of crime.

However, the defendant is committing a crime against his fault while committing a crime.

The punishment as ordered shall be determined in consideration of the above circumstances and the Defendant’s age, character, conduct and environment, the background and consequence of the crime, and the circumstances after the crime, etc., as well as the various circumstances that form the conditions for sentencing as shown in the instant records

A sex offender subject to registration.