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(영문) 서울북부지방법원 2020.04.24 2019고단5236

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 14, 2019, the Defendant taken 30 victims’ body body in total 30 times from September 14, 2019, including: (a) in the case of a store located in Dongdaemun-gu Seoul, the Defendant, with a small camera in the Defendant’s new box; (b) put the Defendant’s new tag attached to the Defendant’s new tag in the victim’s name, with a large part of the victim’s body, and taken the body of the victim’s body by putting the victim’s body in front of the victim’s body under the part of the victim’s body; and (c) taken the victim’s body in front of 30 times, such as the

In this respect, the defendant taken the body of a person who may cause sexual humiliation or sense of shame over 30 times against his will by using a mobile phone camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Each E statement;

1. An investigation report (Attachment to a camera photograph used by a suspect), an investigation report (Attachment to the screen screen of the screen of the screen images stored in the small camera);

1. A criminal investigation report (to attach restored images);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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, in relation to the relevant criminal facts;

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 committed against community service order

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

1. Article 48 (1) 2 and (3) of the Lost Criminal Act;

1. The reason 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 was 30 times to the women who have installed a small camera in the Defendant’s new technology and mainly suffered a baby, while taking the body of the victims’ body.

This was taken against the will of another person who has caused a sense of sexual humiliation.