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(영문) 서울북부지방법원 2020.06.11 2020고단791
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2018, around 07:41, the Defendant taken photographs of the body of victims, who could cause sexual humiliation or shame on 123 occasions in total, from the time on June 21, 2019, by inserting cell phones with a camera function in Seoul, under the part of the victim, who is a woman with no name, the Defendant’s cell phone with a camera function in the name of the Defendant, as well as taking screen pictures of the body of victims who could cause sexual humiliation or humiliation over 123 times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 reported case handling table;

1. Investigative reports (Attachment to video CDs, etc.), extracted data, video channel, and file names, and video CDs;

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

1. The photographing of victims and the application of the Acts and subordinate statutes governing the list of crimes;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) (amended by Act No. 15977), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202), each of the choice of imprisonment

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 by Order to Provide community service and attend lectures;

1. 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 the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is committed against many unspecified female victims, such as the injury of women against their will.

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