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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2699
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2020, the Defendant taken the body of a person who may cause sexual humiliation or shame by using a 12-time camera or other similar mechanism with similar function on 12 occasions from the time on May 31, 2020, as shown in the list of crimes, from the time on May 14: 31, 2020, by carrying out dynamic image function of the Gaphone 111 PRO mobile phone within the subway prior to the subway 3 line. The Defendant taken photographs against the intent of the person subject to taking the pictures, such as a bridge of the victim’s name, the victim’s name, the upper part of the 14th (age, the age, the upper part) who was sittingd by using a ramer or other similar function, as described in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. 범죄일람표, 동영상 스크린샷, 동영상 분석 보고 법령의 적용

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) (amended by Act No. 17264 of May 19, 202) concerning the crime and 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, 202) concerning each type of crime (a point of using

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure and notification order, and expected side effects of the Defendant’s disadvantage and side effects.

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