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(영문) 수원지방법원 2021.01.14 2020고단7344
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
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A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including the distribution, etc. of photographys, etc.) committed by the Defendant on June 28, 2020, at around KRW 23:18, the Defendant, at around KRW 23:18, taking advantage of the Defendant’s Samsung Gallon’s photograph photographing function of S10 camera, taking advantage of the Defendant’s Samsung Ggallon’s photograph photographing function, and taken the parts of the body of the victimized women in distressed by C and D, etc. from that time until July 20, 200, by the same method as C and D, from that time until July 18:56, 202.

Accordingly, the defendant taken the body of the victimized woman against the will of the victimized woman by using devices similar to the camera, which could cause sexual humiliation or shame.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the possession of motion pictures, such as cameras, etc.) on June 29, 2020, the Defendant searched at S10 an Internet in Suwon-si E apartment unit F, Suwon-si, Suwon-si, which was known to the Defendant at around 07:40 on June 29, 202, and downloaded the above pictures to the Defendant’s cell phone from July 20, 202, by linking the name unexploded women’s lower half of body pictures, which were taken against the intent of the photographing, and kept the above pictures from July 20, 200 to July 3, 2020. In addition, the above pictures were stored in the Defendant’s cell phone from around 31 times in total from that time to July 3, 200.

Accordingly, the defendant possessed a photographic material taken against the will of the person who could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police seizure protocol and the list of seizure lists and reports (Attachment of criminal photographs) 1.

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