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(영문) 수원지방법원 2020.09.10 2020고단3287
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:19 on August 12, 2019, the Defendant taken the victim’s bridge part, etc. over 17 times in total, as shown in the separate crime list, from around 11, 2020 to around 14:19, by discovering the victim’s name in Yong-gu B, and using the Defendant’s mobile phone image shooting function, and taking the victim’s bridge part, etc.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

Summary of Evidence

1. Statement by the police concerning D's legal statement of the defendant;

1. On-site photographs, 112 reported case processing records, and reports on analysis of digital evidence;

1. Application of the current Act and subordinate statutes to one unit (No. 1) of the seized Samsung Port;

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, 2020) applicable to the relevant criminal facts and the selection of punishment, respectively, of the previous 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;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In addition, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order, notification order, and employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities has no record of punishment for sex offenses, and only the order to register personal information and attend sexual assault treatment can be seen as having an effect of preventing recidivism to a certain extent.

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