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(영문) 서울남부지방법원 2020.10.16 2020고단4044
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2020, at the subway station C platform in Geumcheon-gu Seoul Metropolitan Government on April 20, 2020, the Defendant taken the franchis of female victims, whose name is unknown, using the flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flamer’s flab

Accordingly, the defendant taken the body of victims who could cause sexual humiliation or shame by using mechanical devices, such as carmeras, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the records of seizure and the Acts and subordinate statutes to captures and photographs of the seizure list;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment, respectively, of the previous Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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) and (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. 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. A favorable circumstances for sentencing under Article 48(1)1 of the Criminal Act: The following facts are recorded: (a) the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed, including the fact that the defendant was sentenced to a fine under the same veterinary law in 2015, and was committed again; and (c) the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime.

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