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(영문) 의정부지방법원 고양지원 2020.05.28 2020고단575
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:30 on July 28, 2019, the Defendant, by putting two small cameras into a new studio in a store underground of “C” in a studio B, thereby photographing the body parts of the victim by photographing the body parts of the victim by using a camera or any other similar device with a similar function, and taking the body parts of the victim against the victim’s will.

2. At around 17:35 on the same day, the Defendant taken the body part of the body part of the victim E (the age of 37) in such manner as above against his will at the above location, and taken the body part of the person who might cause sexual humiliation or shame using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. In cases of small and medium gameras (No. 1) seized and existing jugal lusium S9 (No. 2);

1. Application of Acts and subordinate statutes on the screen after a closure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

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 Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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

1. This is due to the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, disclosure, and notification order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).

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