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(영문) 대전지방법원 2019.11.21 2019고단3538
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 25, 2019, around 07:54, the Defendant: (a) opened a gate and entered into a gate with the intent to capture the body of the victim C (the 18-year old, 18-old, and household name) in Daejeon Dong-gu B, Daejeon; and (b) invaded the victim’s residence into the front corridor of the house of the victim on the second floor; and (c) invaded the victim’s residence.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. The Defendant, at the time and time indicated in the above paragraph (1), taken a dynamic image of the victim’s body, using the victim’s dynamic image shooting function of the second floor B B B lending, through the victim’s external windows outside the house.

B. On May 26, 2019, around 17:24, the Defendant, at the Dong-gu Daejeon building, and the Defendant’s house located in the Dong-gu, Daejeon, and at the Defendant’s house, up to the 20th female victim’s slabs, whose name was diving was unknown, taken photographs using the cellular camera function of the exposed victim’s cell phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under C;

1. Application of Acts and subordinate statutes of the detailed list of search reports, on-site photographs, records of search and seizure of suspects, respective seizure records, list of seizures, on-site examinations and photographs, and those of the detailed list of seized photographs and files of female offenses;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for such crimes;

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 and the Welfare of Disabled Persons Act;

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