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(영문) 수원지방법원 성남지원 2021.02.05 2020고단3705
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person working as a father store in Sungnam-si, Sungnam-si, B and C’C restaurant, and the victim D (the age of 19) and victim E (the age of 17) and the victim E (the age of 17) entered the above restaurant for the victims to take the clothes first before the victims go back in the above store room. The Defendant was willing to take the body of victims to take the clothes by operating and discharging the mobile phone image shooting function.

1. On May 21, 2020, the Defendant, at around 21:48, recorded the victim’s appearance where the victim took clothes in a way that the victim took a cell phone that performed the recording function of the video at the computer monitoring room in the above restaurant room, left the room to immediately display the clothes.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the mobile phone camera function against his will.

2. On May 29, 2020, the Defendant, who committed a crime against the victim E (a person under family name), taken the form of the victim E (a person under family name) in the same manner as that described in paragraph (1) of 21:32.

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

Summary of Evidence

1. Statement made by the police in relation to the defendant's legal statement E;

1. The application of Acts and subordinate statutes to search and report the list of seizure records (74 pages of evidence records) and the list of seizure records, respectively;

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 for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be Article 21 (2).

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