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(영문) 수원지방법원 성남지원 2020.03.31 2019고단3242

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On August 9, 2019, the Defendant, around 17:00 on August 9, 2019, carried out a small-sized camera screen function in Sungnam-gu B and 5 stories, fixing it to one’s sloter, and then sealed the victim’s bridges up to 43 years old in the same workplace, tightly under the flus of D (n, 43 years old).

2. On August 13, 2019, the Defendant, around August 13, 2019, installed a small camera in a direction-based toilet used at the Eju shop around 18:38 on August 13, 2019, and took a picture of a brush on which nine victims in distress of their names were exposed to using the video function.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. Records of seizure and the list of seizure;

1. Application of the cinematographic display-related Acts and subordinate statutes to the site, seized materials, suspect pictures, photographs as a result of analysis, and digital sirens analysis;

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;

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. 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 Welfare of Disabled Persons Act;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

The defendant is exempted from the disclosure and notification order.