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(영문) 의정부지방법원 고양지원 2020.06.04 2020고단675
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

(2) Around 00:01 on December 24, 201, the Defendant: (a) taken pictures of a person who could cause sexual humiliation or sense of shame using a mechanical device having a similar function, such as a camera or other similar function, from around 00:0 to 00:01 on December 24, 2019, which was located on the 15th rooftop of the building of Goyang-si, Goyang-si, the shape of sexual intercourse between the victim C (n, 20 years of age) and D (21 years of age) residing in an officetel, and taken pictures against his/her will, as indicated in the attached list of crimes, from around 00:36 on November 6, 2019 to December 24, 2001.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Each protocol of seizure;

1. The criminal time stated at the lower end of 87 pages of the investigation records of a photograph by cutting off the video images seems to be written in writing;

(Related to the crimes listed in the [Attachment 7] List of Offenses

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) concerning criminal facts

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. Article 62 (1) 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; the 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. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process of the instant crime; the disclosure and notification order; and the degree of disadvantage and anticipated side effects of the Defendant’s injury.

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