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(영문) 대전지방법원 2019.07.18 2019고단1717
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

1. On October 19, 2018, the Defendant: (a) discovered a victim’s name influort box, who was fluoring on the scarra, at a place fluor in the Chinese mouth (fluor); (b) taken the victim’s body against the victim’s will using the camera function of Samsung Ggal 8 Smartphone, which was used in a usual manner; and (c) taken photographs of the victim’s body, such as tran, tran, etc., using a camera or other similar device for a total of 41 times from around that time to around October 19, 2018, such as the list of crimes in attached Form 41.

2. On November 13, 2018, the Defendant: (a) around 08:25, the Defendant attempted to take a balthm of the victims using Samsung 8 Smartphone, which was possessed by the Defendant, with the galthm of Samsung 8 Smartphone, in the direction of the victim D and E (tentative name) who took a balthm of the C Station No. 3, located in Daejeon U.S. B, and the Defendant attempted to take a balthm of the victims with the galthm of Samsung 8 smartphone, which he had been in possession of, and attempted to take a wind.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D (alias) and E;

1. Application of the relevant Acts and subordinate statutes to each protocol of seizure, list of seizure, list of 112 reported cases processing records, CCTV-cape photographs, list of crimes, and photographs;

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) and Articles 15 and 14(1) of the same Act (a) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); and the choice of imprisonment for each type of crime;

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 Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Welfare of Disabled Persons Act, shall be December 2019;

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