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(영문) 대전지방법원 천안지원 2019.05.24 2019고단200
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

No body of a person who may cause sexual humiliation or sense of shame, using a camera or other similar mechanism, shall be taken against the will of the person to be taken.

1. On October 28, 2018, at around 15:15, the Defendant discovered a female victim who was seated in the bus stops near the bus stops located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, and took a buck and panty of the said victim by using his mobile phone cameras.

2. On November 6, 2018, at around 17:00, the Defendant, at the front of the E store located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, in a way to photograph the body f of the victim F (nives), tried to display his mobile phone camera, put his cell phone into the part for the lower part of the part of the victim, and tried to take his cell phone into the part for the lower part of the victim, but did not go through an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the F;

1. Statement of police seizure;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis and response cases);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) (a)

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 grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order of Service and Order to Attend Education are as follows: (a) the details and methods of each of the crimes in this case; (b) the contents of taking pictures; and (c) the nature of the crimes, such as taking a camera in the cata, depending on the victim, who is a catfe, is not somewhat weak; and (d)

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