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(영문) 서울북부지방법원 2020.04.23 2019고단5194
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2018, at around 06:23, the Defendant taken a photograph of the victim D (the name, the age of 23) who was a victim with the Defendant’s LG-V30 mobile phone function in the residence of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and C, and used the Defendant’s LG-V30 mobile phone camera function, and used the Defendant’s LG-V30 mobile phone to display the fluor, etc., and the fluor

In addition, from around that time to December 2018, the Defendant taken photographs of the victims' body in the same way as the list of crimes in attached Form 12 times, as between that time and that time.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using the cell phone camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E or D;

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes to illegally photographic and photographic materials related to criminal facts;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities has taken pictures of sexual intercourse or taken photographs against the victims’ will, and the nature of the crime is not good in light of the body and frequency of shooting

However, the defendant recognized the crime of this case and reflects the wrongness, the victim E does not want the punishment of the defendant, and the defendant has no record of criminal punishment.

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