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(영문) 제주지방법원 2019.08.14 2018고단2427
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:09 on March 23, 2018, the Defendant, within the city bus of Daegu City, operated from the name and bad distance in the Southern-gu, Daegu-si to B located in the north-gu, Daegu-gu, the Defendant taken the body of victims, who might cause a sense of shame by using the camera for a total of 27 times from January 14, 2018 to March 23, 2018, after working as the camera of the mobile phone owned by the Defendant, and then putting the bridge of the victim D (20 years old) who was seated on the left side of the Defendant’s seat, and taken the body of the victims who could cause a sense of shame by using the camera for a total of 27 times from January 14, 2018 to March 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the photographic Acts and subordinate statutes by cutting down a seizure record, seizure list, photograph and screen image;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.

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

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 an order to disclose and notify information, and an employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Welfare of Children and Juveniles against Sexual Abuse; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the risk of repeating a crime; and the effects and disadvantages expected by such order.

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