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(영문) 수원지방법원안양지원 2020.09.11 2020고단1046
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

At around 22:46, Aug. 12, 2019, the Defendant taken a picture of the victim D (name, her part of her gallon, her part of gallon 9 mobile images from Oct. 6, 2016 to Aug. 22:47, 2019, on a total of 272 times in total, as indicated in the attached list of crimes, from Oct. 24, 2016 to Aug. 22:47, 2019.

Ultimately, the Defendant took photographs of a person’s body, who could cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (the CD confirmation accompanied by the warning and the repreparation of a crime chart);

1. Application of Acts and subordinate statutes to the records of seizure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes after December 18, 2018); 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 former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; the Act on Special Cases Concerning the Management, etc. of

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;

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