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(영문) 의정부지방법원 2020.03.20 2019고단4609
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

1. Around 02:41 on August 4, 2019, the Defendant taken a film of the victim D’s bridge seat No. 27, a seated by the Defendant using the camera function of the cell phone (opon 8 Plopphones) owned by the Defendant at the seat No. 2 CPC 16, B in Gyeonggi-si, Gyeonggi-do, with a video screen against the victim’s will.

2. Forgery of private signature, and the use of a false investigation or signature;

A. At around 03:11 on August 4, 2019, the Defendant: (a) arrested the Defendant as a flagrant offender from the police box of the Yangju Police Station located in Dong-si to the act under paragraph (1) of this Article; (b) took place as if the Defendant was the Defendant’s birth, as if he were the Defendant’s birth, in the name column of the certificate of arrest of flagrant offender and the physical certificate; and (c) stated that the above G was a true signature.

Accordingly, the defendant forged I's signature for the purpose of exercising, and used forged private signature.

B. On August 6, 2019, around 22:31, 2019, the Defendant was investigated as a criminal act set forth in paragraph (1) at the Yangju Police Station Women's Investigation Team of the Yangju Police Station, 1699 at Yangju-si, and submitted a falsified document to the J after entering the “I” in the column of the statement of the suspect suspect who was issued by the police officer, and leaving the name back to the name.

Accordingly, the defendant forged I's signature for the purpose of exercising, and used forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to D or I;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to arrest flagrant offenders (I), written confirmation (I);

1. Relevant provisions of the relevant Act on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (a point of using carmeras, etc. and a choice of imprisonment), and Article 239 (2) and (1) of the Criminal Act (a point of using private signature,

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:

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