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(영문) 서울중앙지방법원 2020.05.20 2020고단452
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 13, 2019, the Defendant taken pictures of the 48th time in total, as described in the list of crimes in the attached Form, from the time on which the Defendant took photographs of the parts of the bridge of the victim (ageless) on his/her own name, seated with a short flamer by using the mobile phone camera function in Seoul, from the time on which the Defendant took photographs of the parts of the bridge of the victim (ageless) who was seated with a short flag, using the mobile phone camera function owned by the Defendant, to June 13, 2019.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Records of seizure and the list of seizure;

1. A report on investigation (report on adjustment of list of crimes);

1. Application of the statutes on photographs, photographs, and photographs of the defendant;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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 against Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant committed each of the instant offenses against unspecified victims at a public place; and (b) taking into account the social harm of the Kameras crime, the Defendant should be strictly punished.

However, the defendant recognizes his mistake.

There is no discovery of the circumstances in which photographs have been distributed until now.

The defendant is a first offender who has previously been punished for a crime.

The defendant is given counseling treatment after committing the crime and does not repeat again.

In addition, the defendant's age, character and conduct, environment, family relationship, health status, motive and background of the crime, and dissemination.

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