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Reasons
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(영문) 수원지방법원 2019.07.04 2019고단1020
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 of the final judgment.

Reasons

Punishment of the crime

On September 30, 2018, the Defendant: (a) taken a video image of the victim’s ambridge and bridge, and approximately 2:35 seconds from September 22, 2018 to September 27, 2018, including the victim’s ambal, bridge, and ambal, and the ambal, ambal, in a total of 27 times from September 22, 2018 to the above time, using a short ambala in line with the victim D (n.e., the age 24) followed by the victim D (n., the age 24).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. E statements;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Application of the Acts and subordinate statutes to an investigation report (verification of mermermera stored images), to capture sD cards storage video, and to photographic images;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment, respectively, 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 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities was taken by the Defendant for a long time against his/her will, without being aware of the fact that the Defendant was suspended of indictment for the same criminal conduct, and against his/her body that could cause sexual humiliation

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