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(영문) 의정부지방법원고양지원 2020.10.22 2020고단2371
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 18:50 on April 21, 2020, the Defendant, at Emalgal gallon, taken the body of a person, who could cause sexual humiliation or humiliation using a mechanical device equipped with similar functions, such as a camera or any other similar function, by photographing the body part of the victim’s name in a short balthro in the galthro, where the Defendant was in possession of Samsung galthal galth (S10 mobile phones) in his possession, against his will, and taking the body of the person, who could cause sexual humiliation or humiliation, using the calthro or other similar function.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the records of seizure and the list of seizure and report (Attachment to photographs of illegal photographs);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019; Act No. 16627, May 27, 2020) (the defendant's age, occupation, risk of recidivism, type, motive, process of the crime in this case, disclosure or notification of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by such order, the prevention of a sex offense subject to registration that may be achieved, and the protection effect of victims, etc. shall be comprehensively considered and notified to the public)

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse to the Employment Restriction Order;

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