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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원통영지원 2020.09.16 2020고단500
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 01:10 on November 8, 2019, the Defendant was working at the “C” room in a shopping mall located in Tong Young-si B, and the Defendant was able to take the image of the victim’s d (n, 19 years of age, and household name) considering that the victim’s d (here, 19 years of age, and household name) go to the toilet, and to take the image of the victim’s d's c's c's c's c's c'. After the victim intrudes into the above shopping mall, the Defendant d's mobile camera function was operated, and the victim took the c's c

As a result, the defendant intrudes on toilets used by unspecified persons for the purpose of meeting sexual desire, and photographs the body of a person who may cause sexual humiliation or shame using a camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes on the list of seizure, report on investigation (as a result of a digital forensic analysis), report on seizure (as a result of digital forensic analysis), record;

1. Article 14 (1) and Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 202) applicable to the relevant criminal facts and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes selected to be sentenced to punishment;

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

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

1. 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 Welfare of Disabled Persons Act;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information under 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

The defendant's age, occupation, risk of recidivism, content and motive of the crime, method and consequence of the crime is exempted from the disclosure order of personal information.

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