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(영문) 서울서부지방법원 2021.03.24 2020고단4097
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2020, around 13:54, the Defendant taken photographs against the will of the victims on a total of 21 occasions, as shown in the list of crimes, from the time on July 9, 2020, by using Quick Vides Recer (a printed method with a function to take pictures of the video without turning on the fact of the cellphone) installed on the Defendant’s cell phone at the subway platform B and Esiter located in Mapo-gu Seoul Metropolitan City, Seoul, against the will of the victims.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each police seizure protocol, each electronic information on the list of seizure, each investigation report, and the results of analysis of digital evidence;

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

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

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) (a special circumstance that does not disclose or notify the personal information of the accused when comprehensively taking into account the characteristics of the offender, characteristics of the crime, characteristics of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved, and the effects of protecting the victim from the sexual crime subject to registration);

1. Children and juveniles exempt from an employment restriction order;

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