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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2021.02.26 2020고단3804
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2020, at around 12:33, the Defendant: (a) 11 out of the exit stairs located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) as a female victim with whom it is impossible to know that the Defendant’s owner, who was the Defendant’s possession of the Kamera function, put the door to his body by using a sponsor X phone, and put the door to his body; and (c) taken the victim’s jum with approximately 14 seconds of a dynamic image.

2. On May 26, 2020, the Defendant 12:38, at the same place as the above paragraph 1, and at the same method, the Defendant saw a female victim’s name, where it is difficult to find out his name going up with the stairs of his body owing to the same method. The Defendant saw the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

3. The Defendant, at around 14:40 on May 26, 202, around 14:40, at the exit No. 24 in the same manner as the above Paragraph 1, the Defendant, depending on a female victim, who was unable to know his name, who was flading out stairs by suffering from the upper and lower parts of the color flabing clothes attached to his body in the same manner, she walked up up to C underground commercial buildings, and taken the victim’s flab and the lower part of the chest by a video screen between approximately 51 seconds.

Accordingly, the defendant taken three times in total against the will of the person who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Emotion picture-fafics of a video file;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of such video files);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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. Personal information of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order.

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