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(영문) 수원지방법원 2021.01.28 2020고단5809
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On January 11, 2014, at the vicinity of Suwon-si, the Defendant taken the parts of the name-free female bridge located in the streets using the camera function of the mobile phone in which the Defendant was in possession of the Defendant, and taken the parts of the name-free female bridge, which was located in the street, into the front video, and taken four times in total from around that time to June 23:50, 2020, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a report as a result of an investigation report (fields and CCTV investigations), investigation report (digital sirens and video investigations), investigation report (refence of a victim in the restored image), investigation report (refence of a victim in the restored image), investigation report (cognating video investigation of a crime), digital evidence analysis report (the date and time of such criminal investigation), investigation report,

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the choice of imprisonment

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act.

The defendant's age, occupation, and exemption from the disclosure order, notification order, and employment restriction order;

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