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(영문) 서울남부지방법원 2021.02.09 2020고단6159
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 4, 2019, the Defendant was sentenced to one year of imprisonment with prison labor at the Changwon District Court for fraud, etc. and completed the execution of the sentence on August 3, 2019.

1. Around July 7, 2020, the Defendant who intrudes upon his residence was passing through the alleyway in Gangseo-gu Seoul Metropolitan Government CD, the residence of the victim B (name, n), which is the domicile of the victim, and the Defendant discovered that the sound sawd in the victim’s residence and the sound using the shower and hardr, turn on the room, and intrudes on the victim’s residence by inserting the window in front of the window for the purpose of stealinging or photographing the inside of the said residence, and inserting the cell phone possessed by the Defendant inside the window with the intention of cutting off or photographing the inside of the said residence.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Camera and distribution, etc. thereof) was recorded in the date, time, and place mentioned in the preceding paragraph, in which the Defendant collected the cell phone possessed by the Defendant from the window located inside the residence of the victim B (a name), and recorded the body of the victim who embling his/her head with the shower function using the aforementioned cell phone camera function, and embling the body of the victim who embling his/her head.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using a mobile phone camera against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. A protocol of seizure and a list of seizure;

1. On-site photographs and caps of CCTV images;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, text of judgment, and Acts and subordinate statutes on the acceptance status of individuals;

1. Relevant Article 319 of the Criminal Act concerning the crime, the choice of punishment, Article 319 of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Confiscation.

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