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(영문) 대전지방법원 2019.08.08 2019고단1879
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2019, the Defendant, around the end of the west-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and ‘‘(C Library’s name, the victim, who is the victim, was seated in the opposite seat of the female, who is the victim, was seated in the books, left the kacker, whose seat was loaded on the kacker’s book, and taken four (4) the victim’s legs and kacks.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

2. On March 16, 2019, the Defendant, within the “E” store of the building D, Dong-gu, Daejeon, Daejeon, took a photograph of the victim’s knife as the victim’s name unexciated female, who read books, followed the victim’s knife. as indicated in the foregoing paragraph (1).

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, notification of the department related to the report of the 112 case, report on the results of digital evidence analysis, photographs, etc. of the head of the same video chapter taken by the suspect;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2019); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is the level of body parts and physical exposure revealed in each image taken by the defendant.

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