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Reasons
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(영문) 서울서부지방법원 2020.11.18 2020고단2944
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

Around June 16:47, 2020, the Defendant stated in the indictment that “16:56,” but this is the time when the Defendant is arrested. As such, the Defendant shall be deemed as “16:47” in accordance with the schedule of crime and shall be corrected ex officio.

In the case of the Seocho-gu Seoul, the C Station Escopic Scoper in Seocho-gu, which is located in the Seocho-gu, the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her scopic Scopic Scopic, written the written indictment from around July 17, 2016

The parts such as ambucks, buckbucks, etc. of victimized women were taken of photographs and videos.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a mobile phone with a camera function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure, list of seizure, and photograph of seized articles (10-14 pages) against the accused;

1. A report of investigation (a motion picture taken at the time of arrest of 6/7);

1. A report on a program for submitting smartphone evidence;

1. A report on the analysis of digital evidence;

1. Investigation report (the method of using the “Photos” method);

1. Investigative report (the image analysis selected as a result of digital sirens), digital siren-type screening data, and output data;

1. Protocol of seizure and list of seizure (122, 123 pages);

1. Application of Acts and subordinate statutes governing electronic information confirmation;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 11556), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 15977), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 15977), concerning criminal facts.

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