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(영문) 대전지방법원 2020.09.24 2020고단2830
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

The Defendant returned from July 2019 to January 2020 to the victim B (n, 22 years of age).

From September 2019 to December 2, 2019, the Defendant taken one photograph of the victim's friendly body from the victim's friendly body D located in Daejeon Dong-gu, Daejeon, using the Defendant's cell phone camera function.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Protocol of seizure, list of seizure, evidence of seizure, and written confirmation of removal of each original copy of the police statement with regard to B;

1. Application of Acts and subordinate statutes to the Kakao Stockholm messages, requests for digital evidence analysis, response to results of digital evidence analysis, reports on results of digital evidence analysis, cloud records, etc., submission of criminal complaints on extracted data from digital evidence analysis (Attachment to the victim's submission Kakao Stockholm photographs), investigation reports (specific suspects), investigation reports (the extraction of data as a result of digital evidence analysis);

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the applicable

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, are not sufficient to commit such crime by photographing the body of the victim after sunset.

The victim seems to have suffered considerable mental impulse due to the defendant's crime.

The defendant is guilty of a foreign crime.

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