logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.26 2020고단6152
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

At around 16:55 on April 13, 2020, the Defendant: (a) discovered a female victim under the name of the victim who was using the Gaphone 11 mobile phone camera owned by the Defendant at the subway Scar in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) discovered the female victim who was using the Gaphone 11 mobile phone camera owned by the Defendant; and (c) taken the victim’s cell phone camera gales toward the body part of the victim’s body at the rear part of the coal escalator, making the victim faces the victim’s cell phone camera gales toward the part of the victim’s body; and (d) taken the victim’s body against the victim’s will during a total of 49 times from that time to May 8, 2020 by using the same method as the list of crimes in the attached list and other mechanical devices equipped with similar functions.

Summary of Evidence

1. Application of the defendant's report on the analysis of digital evidence and the investigation report (Evidence List Nos. 6) by law;

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, 2020) applicable to the relevant criminal facts and the selection of punishment, respectively, of the previous Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. In addition, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons, and the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons, are likely to have an effect of preventing recidivism to a certain extent

arrow