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(영문) 서울서부지방법원 2020.04.29 2020고단139
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2019, at around 09:02, the Defendant installed a bromeral glass string and a camera on the wall surface of the second floor of the public toilets in Eunpyeong-gu Seoul building B, and taken the image of the victim C using the above camera on the same day at around 16:14 on the same day, he/she saw that he/she was able to sit in a toilet change, and applied a screen once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to C by the police;

1. Investigation report (i.e., internal photographs of toilets, (ii) illegal camera, glass photo, (iii) Digital siren replys with SDR digital sirens, and (iv) Verification of documentary motion pictures);

1. Application of the respective Acts and subordinate statutes to the confiscated Mameras (Evidence No. 1), portable shock machines (Evidence No. 2), SD cards (Bab disc, No. 3), Magromeras, and electronic information (Evidence No. 7) stored in SD cards;

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;

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

1. Article 48 (1) 2 and (3) of the Lost Criminal Act;

1. The sentencing conditions shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive for and means of the crime, circumstances after the crime, etc., on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1

The favorable circumstances: The defendant confessions a crime, and the circumstances unfavorable to the defendant that there is no record of the same kind of criminal punishment: The very interview with the applicable law of crime and the poor quality of crime, the victim's mental shock seems to be very high, and the victim's mental shock seems to be high.

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