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(영문) 울산지방법원 2020.02.06 2019고단3443
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

1. On April 20, 2019, the Defendant taken a photograph of a part of the victim DNA (MM-G930S) who had a ballelight in male partitions using his/her cell phone (C) with the function of the camera in the ‘C' inside the ‘Magal gal lusium B' in the Gamban-si Ma-si Magal Magal Magal lusium B, on April 20, 2019, by taking a photograph of a part of the body of the victim D (V, 21 years of age) who had a ballelight in male partitions.

On October 6, 2016, the Defendant taken photographs of the victims’ body against their will that may cause sexual humiliations or humiliations over 12 times in total, as shown in the attached crime list, from around 21:54 to April 20, 2019.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (intake-in of places for sexual purpose) invaded on public toilets, which are public-use places used by unspecified persons for the purpose of meeting his/her sexual desire at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of 11 to 11 copies of a report on the results of field photographs, digital siren evidence analysis, and a fluorical diopis, by capturing female video images;

1. 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); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017); Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Selection of Imprisonment]

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. Article 48 (1) of the Criminal Act of confiscation;

1. An order to restrict employment;

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