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(영문) 서울동부지방법원 2020.09.18 2020고단2119
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 30, 2016: (a) around 05:42, the Defendant taken the body of the victims who could cause sexual humiliation or shame against the victims’ will at least 212 times in total, as described in the attached list of crimes, from around that time to January 12:41, 2020, by using the Defendant’s cell phone camera at the Defendant’s residence, and by using the Defendant’s cell phone camera at the Defendant’s cell phone.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against the victims' will.

2. Around 11:00 on December 28, 2019, the Defendant provided a witness F, the victim’s seat, using the Defendant’s cell phone Kakaox Mex, with a photograph taken by the victim E (the victim’s age 40) prior to the Defendant’s residence, to transmit the photographed by the Defendant’s sexual flag against the victim’s will.

Accordingly, the defendant provided the victim's body photographs that could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, and F;

1. Investigative report (Submission of Relevant Witnesses and Kakao messages), Kakao messages;

1. A report on investigation (related to execution of a warrant of search, seizure and inspection) (related to execution);

1. Application of Acts and subordinate statutes, such as a report on investigation (preparation of a list of crimes), data CDs (Evidence Nos. 22);

1. Article 14(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1597, Dec. 18, 2018); and each of them.

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