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(영문) 수원지방법원 안산지원 2020.04.29 2019고단4553
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 August 10, 2019, at around 00:12, the Defendant heard the sound shown by the victim C (the victim, the age of 27) in the state where the windows for the toilets for the above building No. 2 are opened, and taken the image image of the victim, which was opened on the outer wall of the building, using a galle-gu smartphone, in the case of the Defendant’s galle-gu gallon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. Records of photographs (data for analyzing and editing the visual images of crime prevention CCTV around the field);

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

In full view of the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure notification order and employment restriction order, the preventive effect of the sexual crime subject to registration that can be achieved thereby, the victim protection effect, etc., the defendant's personal information shall be personal information.

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