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(영문) 광주지방법원 2020.08.12 2020고단694
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 2019, the Defendant taken pictures of the body of a person who could cause a sense of sexual humiliation against his/her will by photographing a screen image of the victim’s melting the body of the victim who could not have his/her name known at nine times by using his/her cell phone device located in the C Station male toilet in Gwangju Mine-gu, Gwangju, by using his/her cell phone device.

2. On September 1, 2019, the Defendant taken pictures of the body of a person who might cause a sense of sexual humiliation against his will by photographing dynamic images, in which his name could not be known by using his cell phone devices located in the non subway station male toilet in Gwangju, the Defendant taken pictures of the body of the person who might cause a sense of sexual shame.

3. On September 27, 2019, at around 18:00, the Defendant taken pictures of the body of a person who could cause sexual humiliation against his/her will by photographing screen pictures, using his/her cell phone device with a camera function in the C Station male toilet No. 3 column in Gwangju Mine-gu, and taking pictures of the body of the person who could cause sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of 10 copies of photographs to Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment, respectively, of the previous Act on Special Cases concerning the Punishment, etc. of Sexual 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. A confiscation order and notification order of personal information disclosure pursuant to Article 48(1)1 of the Criminal Act, the age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, disclosure order, notification order, and employment restriction order are likely to be achieved due to the defendant's age, occupation, risk of recidivism, motive, consequence, and crime in this case.

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