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Reasons
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(영문) 대전지방법원 2021.01.29 2020고단5077
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 22 years of age), victim C (n, 21 years of age), and victim D (n, 21 years of age).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Distribution, etc. of Cameras, etc.) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) were taken by the Defendant in the Defendant’s residence of the Daejeon Dong-gu building F of Daejeon-gu, Daejeon-gu, on July 18, 2020 by taking advantage of the difference in the victim’s panty, buckbucks, buckbucks, jums, etc. of the said victim’s panty, buckbucks, and bucks, etc. of the victim from May 2018 to September 202, 138 in total, such as the part of the list of crimes, (1), (2), (3), (4), and the part of the victim’s clothes, body images, etc.

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

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the possession of motion pictures, such as cameras, etc.) on July 18, 2020, the Defendant stored the pictures or motion pictures taken as shown in paragraph (1) in the said Cloud Account in the way of separately storing them in G Cloud Account (H) using the Defendant, and stored them in the said Cloud Account the pictures or motion pictures taken as shown in attached Table (3) from that time until September 2020.

Accordingly, the defendant has taken photographs of a person's body, which could cause sexual humiliation or shame, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made against D, B, or C;

1. A seizure record and a seizure list;

1. Application of Acts and subordinate statutes to a report on investigation (the filing of a smuggling No. 1);

1. The relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Provided, That the crimes in the judgment of the court are crimes No. 1 of the annexed Table of Crimes in the attached Table

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