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(영문) 서울남부지방법원 2020.11.13 2020고단4040
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 2, 2020, at around 20:23, the Defendant entered a female toilet of the first floor C underground in Guro-gu Seoul Metropolitan Government, with a view to meeting his own sexual desire, and taken photographs of the form in which the victim D (the family name, the female, and the age of 28) reported the meltion of the cell, with a view to meeting his own sexual desire.

Accordingly, the defendant invadeds on female toilets for the purpose of meeting his own sexual desire, and photographs the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (the analysis of CCTV images at the site of the incident);

1. Application of Acts and subordinate statutes to notify departments related to 112 Incident reports;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereafter the same shall apply), and the selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 1738 of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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