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(영문) 대전지방법원 천안지원 2020.02.21 2019고단3265
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 25, 2019, at around 18:09, the Defendant taken video images using mobile phone camera functions from a female victim (satisfin pattern of yellow satisfin) on the name-free side of the clothing store “D” surface in the B B-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu.

2. At around 18:10 on the same day, the Defendant taken photographs of the parts of the bridge of a female victim (a short finite finite finite finite) on his/her name, who walk around the surrounding place, using a mobile phone camera function.

3. At around 18:21 of the same day, the Defendant taken video images using cell phone camera functions, in the same manner, the flags of female victims (flag strings) in the same manner from the above stairs.

4. At around 18:22 on the same day, the Defendant taken photographs of the front bus stops located in Dong-gu, Dong-gu, Dong-gu, Seoul, using cell phone camera functions, on the bridges of the female victim who is not his name (to wear a short color fluor).

5. At around 18:28 on the same day, the Defendant taken photographs using the mobile phone camera function of a female victim (to wear a short shot pattern) on his/her name in the clothes store D located in the Gangnam-gu Seoul Metropolitan City, Yannam-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Police seizure records;

1. Answers of results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes to report internal investigation (Attachment to a suspect's photograph photographic gramographs);

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. Probation, orders to provide community service and attend lectures under Article 62-2 of the Criminal Act, Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the same.

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