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(영문) 서울동부지방법원 2020.02.06 2019고단3285
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

On July 8, 2019, around 19:05, the Defendant discovered a female victim, who was a rapidly colored female victim using the Defendant’s cell phone camera in the vicinity of the subway No. 2 in Gangnam-gu Seoul, Seoul, and followed the victim, and the victim taken a video image of the victim’s legs, tur, turb, etc. from around that time to August 23, 2019, and taken five videos of the victims on five occasions, such as the list of crimes, from around that time to August 26, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a photograph by cutting down a course and a report on the analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Where a conviction becomes final and conclusive in regard to a crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency as prescribed in Article 43 of the same

Disclosure order, job, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and disclosure order or order of the defendant exempted from disclosure order.

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