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(영문) 의정부지방법원 고양지원 2020.07.23 2020고단1013
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 31, 2019, the Defendant, at around 20:10, taken photographs of the body of the victim, such as buckbucks, paper fucks, etc., from around 14:41 on a total of eight occasions, using devices with similar functions, such as a camera or other similar function, from around 20:10 to around 14:41 on July 2019, the Defendant took photographs of the body of the victim who could cause sexual humiliation or shame, against the intent of the subject of taking pictures.

Summary of Evidence

1. Protocol of seizure of the defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographs, photographs restored by the defendant, investigation reports (verification of motion pictures of crime sights);

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, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend;

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 an order to disclose or notify information; 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); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention

1. Exemption from an employment restriction order;

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