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(영문) 의정부지방법원고양지원 2020.12.17 2020고단2603
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On July 22, 2020, the Defendant, at around 20:30 on July 2, 2020, took photographs of the body of a person, from around 08:06 on June 13, 2019 to the above temporary date, who could cause sexual humiliation or shame using a machine with a function similar thereto over 90 times in the list of crimes, such as the list of crimes, by inserting a cell phone inside the balth of the victim D (the 27 years old), which was ever sitting, by using the balth of Samsung Falth, which was used at the bus stops located in Samsung G, B, the Defendant taken the body of a person, who may cause sexual humiliation or shame, against the intent of the person subject to taking the photograph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Each protocol of seizure;

1. Application of photographic Acts and subordinate statutes after each closure;

1. Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) (amended by Act No. 17264 of May 19, 202) concerning criminal facts and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Article 14 (1) of the Act on Special Cases

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020 and enforced on November 20, 2020); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure and notification of the instant crime; and the degree of disadvantage the Defendant suffers.

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