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(영문) 대전지방법원 천안지원 2020.02.07 2019고단3044
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On September 19, 2019, at around 15:30 on September 15:30, 2019, the Defendant taken a video recording of approximately 10 minutes of dynamics on the victim’s name in which the Defendant was using his/her own chest and the part of his/her chest in his/her cell phone (defluence, chloud, chloud) while walking a distance to take a specific part of the body part of the influent women passing through the crosswalk B and C in smartphone camera, Dong-gu, Dong-gu, Dong-gu, and C.

2. At around 16:30 on the same day, the Defendant found and found a victim of his name in the vicinity of the same place as Paragraph (1) of the same Article (Cheongban, slock, color slicker), and took a video image of the Defendant’s body part of the body that could make him feel a sense of sexual humiliation of the victim, for about seven seconds with a smartphone camera in his possession.

3. At around 16:30 on the same day, the Defendant, from around the same place as Paragraph 1, to E’s entrance stairs located in the Dong-gu, west-gu, Dong-gu, Dong-gu, Dong-gu, in accordance with the victim’s name unexploited (to-chloud, white sports). The Defendant taken video pictures for about 1 minute 20 seconds of smartphone camera in which he/she had the part of his/her bridge.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame using mobile phone camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Police seizure records;

1. Report on the results of analysis of digital evidence;

1. Application of statutes on site photographs;

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, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act, the number and frequency of each of the crimes in this case.

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