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(영문) 서울중앙지방법원 2021.01.28 2020고단7036
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for six 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

1. On May 7, 2020, the Defendant, at the bus stops located in Gwanak-gu, Seoul Special Metropolitan City on May 18:14, 2020, taken pictures of the parts of the victim’s body with cell phoness against the victim’s will against the victim’s will, after the victim’s name influence (influence, wearing a fluenite pattern).

2. From May 17, 2020 to May 13:45, 2020, the Defendant of the crime against the victim C (a name) taken video images against the victim’s will by using a cell phone after the victim C (n, 27 years of age) at the bus stops in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement E of the police statement concerning C (tentative name) of the police suspect interrogation protocol against the accused;

1. Police seizure records and list of seizure;

112 Application of Acts and subordinate statutes as a result of the 112 Reporting case processing list and digital evidence analysis;

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning criminal facts (the choice of each imprisonment with labor);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing of Article 48 (1) 1 of the Confiscation Criminal Code is that the defendant taken the parts and frights of women at the bus stops. It is not good that the defendant has taken the parts and frights of women at the bus stops.

However, it is somewhat advantageous that there is no history of criminal punishment of the defendant, that the defendant entirely accepts and reflects the crime, and that the above victim C does not want the punishment of the defendant under an agreement with the victim C whose identity has been confirmed.

The age, sex, and environment of the defendant.

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