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(영문) 수원지방법원 2021.01.21 2020고단7224

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant performed the Defendant’s photographing function of Kamera in the Defendant’s wife near the Defendant’s company located in Ansan-si, Sinsan-si in 2019. The Defendant taken the part of the victim’s chest, her son, her son, and her part of body, which was boomed before the Defendant, from around 2018 to around 2019, 65 times in total, as described in the list of crimes in the attached Table, from around A to B of 2019.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism, against their will.

Summary of Evidence

1. The defendant's legal statement, criminal photographs, reports on the results of digital evidence analysis, and photographics of the defendant;

1. Application of the existing Acts and subordinate statutes applicable to one unit (No. 3) of the seized watch or S mobile phone;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Attached crimes: Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) stipulates the date and time of each of the above crimes as “2018 or “A, 2019.” Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applicable to each of the above crimes provides that the statutory penalty on December 18, 2018 is unfavorable to the Defendant “a imprisonment with prison labor for not more than five years or a fine not exceeding ten million won,” and thus, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15581, Jul. 18, 2018).

B. The point of taking photographs, such as the sequence 1, 3 through 16, 33 through 65 of the list of crimes in the annexed list of crimes: The punishment of each of the previous sexual crimes, etc.