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(영문) 수원지방법원 안양지원 2021.01.22 2020고단1727
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

The defendant and the victim B (the name, the 17-year age) came to know through the "Stockholm of interest," a smartphone hosting fluor.

On January 6, 2020, at around 14:17, the Defendant taken a picture of a 1 minute of the gallon of the Defendant, without the consent of the injured party, in the gallon of the Defendant, who suffered from the Defendant’s gallon, with a gallon of a gallon of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. Application of Acts and subordinate statutes to investigation reports (in response to results of 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) against criminal facts, and the selection of a sentence of imprisonment with prison labor

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

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 Disclosure Order, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, disclosure order, disclosure order, and anticipated side effects of the Defendant’s disadvantage due to disclosure order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

1. Confiscation.

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