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(영문) 청주지방법원 2020.06.11 2019고단2957
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

1. On July 17, 2018, the Defendant taken pictures of the victim’s body using the Defendant’s cell phone function of the victim’s Gaphone, who had sexual intercourse with the victim C at a family room in which the Defendant was unable to know the Dondong-gu Bndong-gu Bndong-si, Cheongdong-si.

2. On January 1, 2019, the Defendant took photographs of the body of the victim, such as her tamp, who sexual intercourse with the victim, using the victim’s cell phone function, from among the Do in which the Defendant had sexual intercourse with the said victim at the home of the Defendant’s office of Cheongju-si, Cheongju-si.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame on two occasions by using a camera or other devices with similar functions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

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

1. Application of Acts and subordinate statutes to report on investigation (to submit images of a victim);

1. Relevant Article on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing one at the market), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 47(1) and Article 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), the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15904, Dec. 11, 2018).

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