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(영문) 수원지방법원 2020.11.26 2020고단5865
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 of the final judgment.

Reasons

Punishment of the crime

1. Around February 2020 to March 3, 2020, the Defendant: (a) installed a small-sized USB camera in the vicinity of the signboard set up at the Gabro Ba-gu B and the 1st floor “C Beauty”); and (b) taken video-recordings against the victim’s will by using the said camera.

2. Around April 17, 2020, the Defendant, at around 09:40 on April 17, 2020, installed a small-sized USB camera at the same place as the above paragraph 1, and taken photographs of the part of the victim’s bridge using the above camera against the victim’s will.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Police seizure records, list of seizures and photographs of seized articles;

1. Application of Acts and subordinate statutes on site photographs following response to digital evidence analysis;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive as to the facts constituting a crime in which personal information is to be registered and submitted as stated in Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant

The exemption from disclosure order, notification order, and employment restriction order is due to the age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure notification order, and employment restriction order.

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