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(영문) 서울중앙지방법원 2019.10.04 2019고단3753
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 5, 2019, from around 16:55 to June 17:10 of the same day, the Defendant taken four screen pictures of the victim’s 134 on a total of 109 occasions from the above date to June 2, 2019, using the Pacific AV 1110 camera, with a color tape attached to the Defendant’s possession of the victim’s buckbucks and bucks, and taken four screen pictures of the victim’s bucks and bucks, which were 134 victim’s bucks and bucks, or bucks and bucks, from the point of time to June 2, 2019, to the point of time.

As a result, the defendant taken 134 victims' body bodies against the victims' will that could cause sexual humiliation or shame using carmera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report (victim F telephone communications);

1. Investigation report (verification of suspect pictures and videos);

1. Attachment of a crime sight tag and SD card images to a photograph by cutting the same;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

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

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Where a conviction on a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the defendant shall be a sexual crime.

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