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(영문) 수원지방법원 2019.09.26 2019고단2082
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Around October 2018, the Defendant taken pictures or videos of the victim D (one, two-three years old) who is an employee of Samsung Talthom 4 smartphone, using his/her screen photographing function of Samsung Talthom 4 smartphone, a defendant, from July 2018 to December 27, 2018, in a total of 23 times, as shown in the separate list of crimes.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by 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. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the closure photographs and cretos and crepit photographs;

1. From among each of the crimes listed in the relevant legal provisions and Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (amended by Act No. 15977, Dec. 17, 2018) with regard to criminal facts, each of the crimes listed in the list of crimes listed in the attached list of crimes, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras, etc."), each of the crimes listed in the attached list of crimes, among the crimes listed in the attached list of crimes.

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against community service order

1. Where a judgment of conviction against a defendant who is obligated to register and submit personal information under Article 48(1) of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

An order of disclosure and notification shall be exempted.

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