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(영문) 수원지방법원 2020.10.15 2020고단4638
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

In four months of imprisonment with prison labor for the crimes in paragraphs 1 through 4 of the Code of Crime in the judgment of the defendant, the list of crimes in the judgment of the defendant is 5 to 5.

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2019, the Defendant was sentenced to two years of suspension of execution on July 12, 2019 by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) at the Suwon District Court.

【Criminal Facts】

On June 3, 2018 to July 2018, the Defendant took a video image of the victim's her mare, including the victim's her mare, the victim's mare, the part of the bridge, the victim's mare, and the victim's mare photographed from July 3, 2020 to July 29, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. An investigation report (digital siren results), an investigation report (in cases of attaching a list of crimes excluding the list of crimes, photographs to capture illegal video, and a list of crimes);

1. Application of the Acts and subordinate statutes to the cutting of illegal photographic images as a result of digital sirens;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly 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 (wholly amended by Act No. 17264, May 19, 2020); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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