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Reasons
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(영문) 서울동부지방법원 2020.01.10 2019고단3334
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not more than ten 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 May 14, 2019, at around 12:15, the Defendant taken pictures of the body parts of the victims, such as buckbucks, etc., which were located prior to the Defendant, by inserting their cell phoness in the direction of exit in the subway stations located in Gangseo-gu Seoul Metropolitan Government, into the center of the victim’s name and influence of the cell phone located prior to the Defendant, against his/her female’s will, from October 22, 2016 to May 17:36, 2019, from around 16:00 to May 17, 2019 to 78 times in total, such as the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (Nos. 5, 7, 10, 12, 15, 19).

1. A letter of results of the digital evidence analysis, written public notice and written report on the results of digital evidence analysis;

1. 112 reported case handling table;

1. Application of the CD-related Acts and subordinate statutes to copies of video data;

1. Article 14(1) of the 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 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order or order to attend a lecture;

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

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure and Notice Order under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, risk of recidivism, and the instant case

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