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Reasons
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(영문) 수원지방법원안산지원 2020.12.09 2020고단2870
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six months.

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

The defendant is the victim B (n, 51 years of age) and the male-child Gu prior to the restriction of education for about two years.

1. On February 19, 2017, the Defendant: (a) taken the body of the victim from a toilet using an Ansan-gu building in Ansan-si; (b) No. D; and (c) a smartphone camera in the Defendant’s Samsung Galle-si, the residence of which was located; and (d) taken the ballonic image against his/her will against the victim’s will.

2. On April 1, 2017, at around 12:58, the Defendant taken a ballon image against his/her will, at the place described in paragraph 1, the victim’s body coming from the toilets using Samsung-phone camera in the Defendant’s Samsung Gallona.

3. The Defendant, at the place indicated in paragraph 1 of the oil 2017, taken a ballon image against his will, on the part of the victim, who emballoned with the Defendant’s Samsung Gallona by making use of a smartphone camera.

4. Around August 2019, at the place indicated in paragraph 1, the Defendant taken a ballon image against the Defendant’s will, using the Defendant’s Samsung Lgalthro, a smartphone camera, in which the body of the victim was balloned from the bed.

Accordingly, the defendant taken four times against his will the body of the victim who could cause sexual humiliation or shame by using smartphone cameras.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (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 (amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020); the selection of imprisonment

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

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