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(영문) 수원지방법원 2019.09.05 2019고단2516
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 of the final judgment.

Reasons

Punishment of the crime

On October 30, 2018, from around 20:00 to 20:18, the Defendant: (a) put a cell phone into the knicker’s hand room by drilling the hole to be seen from the c water datum located in Gyeonggi Suwon-si B; and (b) took a photograph of the victim’s knicker by using the photographic function of the Defendant’s cell phone owner’s cell phone photographer.

In addition, on April 15, 2017, from around 18:26 to November 19:57, 2018, the Defendant taken photographs of the E datum, F. F. number datum, G, Buddhist stores, bus stops, etc. located in Gyeonggi-do through the above 44 times in total, as shown in the list of crimes in the attached Table, such as the list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Investigation report (a course to capture digital evidence analysis response data) and report on the analysis of digital evidence;

1. Application of the Acts and subordinate statutes to a store CCTV closure photograph;

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

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Act on December 11, 2018.

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