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(영문) 부산지방법원 서부지원 2020.07.22 2020고단1348
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On September 2, 2019, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at Busan District Court (hereinafter “Camera”) and two years of suspension of execution in October, 2019, and the said judgment became final and conclusive on September 10, 2019 and is currently under suspension of execution.

【Criminal Facts】

On May 29, 2020, at around 07:35, the Defendant: (a) followed female victims from the name infinited in the name of the horse who was finite at the Busan Northern subway Co. C, Ltd. 3, the Busan Northern subway Co., Ltd., followed by the victim, taken the Defendant’s cell phone finites of the victim’s cell phone finites with the victim’s cell phone finites from the victim’s finites, and taken the finite images of the victims from the time to June 3, 2020, using a cell phone 6 times in total, as shown in the list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A criminal investigation report (to attachCCTV image data);

1. An investigation report (limited to cases of attaching a suspect's cell phone digital siren system restoration and dynamic image closures);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of investigation reports (Attachment of the same kind of suspect's records), copies of written judgments (2019 high-class 2172), criminal records, etc. and Acts and subordinate statutes;

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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. Confiscation Article 48 of the Criminal Act

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