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(영문) 창원지방법원 마산지원 2020.05.27 2020고단328
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2019, the Defendant was sentenced to a suspended sentence of two years in August of the same month and the judgment became final and conclusive on the 19th day of the same month, as a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, Use and Screening of Camera, etc.)

1. On March 10, 2020, from around 15:16 to 15:18, the Defendant: (a) taken the body of the victim, who could cause sexual humiliation or humiliation, by taking two video images from the victim’s body against the victim’s will, where the victim was exposed, in a short half of the body of the victim, in order to take the body of the victim by using the dynamic image recording function of the mobile phone in Changwon-si, a member of Changwon-si, a member of Changwon-si, a member of Changwon-si, a member of Changwon-si, and returned to the above upper part; and (b) discovered the non-victim who is a woman with the device exposed to the device.

2. On March 10, 2020, from around 16:30 to 16:32, the Defendant, who committed a crime in the vicinity of D, was suffering from a short flash in the front of D located in the Chang-si Masan Member E, and discovered a female non-victim whose body was exposed, then the Defendant taken a photograph of the body of the victim who could cause sexual humiliation or shame against the victim’s will by taking a photograph of the victim’s flash, where the body of the victim was exposed to the victim’s flash by using the recording function of the cell phone image from the victim’s rear to the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The list of seizure, photographs of seized articles, 112 reported case processing records, reports on the analysis of digital evidence, photographs of capturing the victim's body by cutting down the victim's photograph, photographs of crimes discovered from the Defendant's mobile phone, photographs of CCTV images inside B, photographs of the reporter by cutting down each CCTV image, photographs of the reporter, and each photograph;

1. Report on internal investigation (this result from suspect mobile phone digital siren system);

1. A previous conviction in judgment:

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