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(영문) 부산지방법원서부지원 2020.10.23 2020고단1152
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On March 18, 2020, at around 21:32, the Defendant: (a) entered the victim D (Inn, 40 years of age) in the “Ccafeteria” public toilets for male and female use in Kimhae-si B; (b) entered the side partitions for male use; and (c) recorded the mobile phone of the Defendant with a camera function in the side, and recorded the victim’s image after leaving the partitions to the upper end.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the list of cases of reporting internal investigation (in the face of 56 pages of investigation records) and internal investigation report (in the face of 56 pages) 112 report as to D;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Attend shall be forfeited under Article 48 (1) 1 and 2 of the Criminal Act;

1. The reason for sentencing under Article 56(1) main sentence of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities (amended by Act No. 1738, Jun. 2, 2020); the fact that the defendant was sentenced to a fine for the same criminal offense; and

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.

Where a conviction becomes final and conclusive on the facts constituting an offense for which the personal information shall be submitted.

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