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(영문) 울산지방법원 2020.12.10 2020고단2211
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.

1. On October 5, 2019, around 16:10 on October 5, 2019, the Defendant: (a) reported a female victim, who was undergoes a short test color flacing to the stairs in Busan Jung-gu B; and (b) taken the victim’s bridge and her mack, using the Defendant’s smartphone camera function, following the victim’s macking line.

2. On October 12, 2019, around October 21, 2019, the Defendant reported a female victim on his/her name influencing the short red fluorma from the south-dong street of Busan, around October 21, 2019. On October 12, 2019, the Defendant followed the victim by using the Defendant’s smartphone camera function, and taken the victim’s bridge and her turb in front.

3. On October 27, 2019, around 02:01, on October 27, 2019, the Defendant reported the victims of the victims of the victim’s legs and her macks, who walked on a short white and autonomous flacing horse from the south-dong street of Busan, respectively, by taking advantage of the Defendant’s smartphone camera function. On October 27, 2019, the Defendant followed the victims of the accident, and her macked the victim’s legs and tacks by taking advantage of the Defendant’s smartphone camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs output;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assaults Aggravated Punishment, Etc., of the relevant Articles concerning the facts constituting an offense and the choice of punishment;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

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