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(영문) 제주지방법원 2020.11.20 2020고단2008
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

1. Around 02:09 on March 21, 2020, the Defendant taken the image of the body part of the victim D (the age 21) with a cell phone, including the face of the victim D (the age 21), who was approaching the window of the female toilet from the outer wall of the "C" singing practice room located on B 1st, Jeju city, in order to take a cell phone with the face of the victim D (the age 21) who was reporting a melting from the outside wall of the building of the "C" singing practice room located on March 21, 2020, as described in the attached Table Nos. 1 through 4, 6, and 8, from February 2020 to March 20, 202.

2. On March 2020, the Defendant attempted to commit an attempted violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “C”) by approaching the window of a female toilet from the outer wall of a karaoke machine building “C” with B 1st floor at Jeju city, and tried to take the image of the victim’s infinite from the outside wall of the building of a singing practice room building, but failed to handle it as intended, thereby making it impossible to do so, to affix part of the victim’s body as stated in No. 5 of the attached list of crimes.

Accordingly, the Defendant tried to take or take the body of eight victims, who may cause sexual humiliation or shame, against their will, using a camera, to take or take the body against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the relevant photographic Acts and subordinate statutes attached to the police interrogation protocol (three times) to the accused;

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; hereinafter the same shall apply) applicable to the crime and 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, 202), Articles 15 and 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted crimes

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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