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(영문) 서울남부지방법원 2021.01.27 2020고단5800
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 17:32 on April 11, 2020, the Defendant: (a) had a short flick horse in the C Station C Station located in Mapo-gu Seoul, Seoul; (b) had a female victim with a name inflick, who was inflick, taken a picture of approximately 10 seconds of the victim’s bridge by using a camera function of Samsung 9 mobile phone jum jum, which the Defendant possessed; and (c) had a video picture of about 10 seconds of the victim’s bridge from January 26, 2020.

4. From November 1, 200 to the victim’s cell phone images, such as the victim’s her am, body part, etc., were taken 38 times in total as shown in the attached list of crimes.

Accordingly, the defendant taken 38 times in total against the will of the victims who could cause sexual humiliation or shame by using mobile phone cameras.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, police seizure protocol, list investigation report (digital siren results), report on results of digital evidence analysis (specific files for each crime recorded in the list of crimes), investigation report (specific files for each crime recorded in the list of crimes), and list of crimes (including list of video strikes);

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 selection of punishment for imprisonment with prison labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2)2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 59(1)1 main text of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 48(1)1 of the Act on the Welfare of Persons with Disabilities provides that the Defendant taken pictures of the body of an unspecified female victim against his/her will during several months.

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