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(영문) 수원지방법원 안산지원 2020.03.13 2020고단253
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

1. Around January 18, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) taken a screen image image of the victim C (the age of 26) who operated the Defendant’s galthal thalthm of male toilets B in the galthal section of the Defendant’s galthothy building B in Sinung-si, Seoul, the second male toilets in the galthal section of the Defendant’s galthothy, and then

As a result, the Defendant taken the body of the above victim who may cause sexual humiliation or sense of shame against his will, in addition to the taking of the body of the victim against his will, from February 22, 2018 to October 30, 2019, the victim taken the body of the victim who may cause sexual humiliation or sense of shame on eight occasions, such as the statement in the list of crimes, and taken the body of the victim who might cause sexual humiliation or sense of shame on nine occasions in total.

2. Any foreigner staying in Korea in violation of the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

On February 3, 2015, the Defendant entered the Republic of Korea with a visa for non-professional employment (E-9) issued on February 3, 2015, and stayed beyond the scope of the status of stay or the period of stay without filing an application for extension of the period of stay until January 8, 2020, despite the expiration of the period of stay as of December 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and the list of seizure;

1. Information on foreigners' identity;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis result);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the Relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc. of Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.), Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the Immigration Control

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 punishment of sexual crimes exempted from an order to attend a course;

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