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(영문) 청주지방법원 2020.05.21 2019고단3003
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

1. On March 23, 2019, at around 02:37, the Defendant taken nine times the body of the victim by using the cell phone camera function of the Defendant, who was under the Defendant’s cell phone camera function, when the Defendant’s house located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, B (the age of 23) was locked.

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

2. At around 01:00 on October 20, 2019, the Defendant taken three-time images of the victim using the mobile phone screen function of the cell camera, where the victim F. (a) who graduated from the same university was entered in the toilets where the victim F. (a person, a person, and a person aged 24) who graduated from the same university entered the public toilets of the E (a person, a person, and a person aged 24).

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Explanation of the victim's green picture, site photograph, etc., the video that has been restored from the suspect's cell phone to the cell phone (related to this case) and explanation of the video that has been restored from the suspect's cell phone (related to female crime);

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications with victims C);

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, in relation to the relevant criminal facts;

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 (i.e., the first offender; (ii) the victim C and the victim C around April 20, 2020; and (iii) the victim F and the victim F agreed around May 18, 2020);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Article 48 (1) of the Criminal Act of confiscation;

1. To exempt the disclosure order, notification order, and employment restriction order, respectively;

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