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(영문) 서울북부지방법원 2020.02.20 2019고단4623

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B(n, 32 years of age) are between the two.

1. Around 03:00 on June 24, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”) taken pictures of the body of the victim using his mobile phone from the Defendant’s cell phone to screen the body of the victim in a video image in the victim’s residence located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, who is suspected of having the victim talk with another male.

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.

2. The Defendant threatened the victim by photographing the body of the victim with a screen, such as the date and time, at the place, as described in paragraph (1), and by stating that “the victim would transmit this photograph to Kakaox to the third party of the width,” the victim’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereafter referred to as "cameral use and photographing"), Article 283 (1) of the Criminal Act, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 committed;

1. 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) of the Welfare of Disabled Persons Act;

1. The crime of this case with the reason of sentencing under Article 48(1)1 of the Criminal Act is that the defendant exceeded all clothes against the victim's will that he had been involved in the crime of this case and threatened the victim to capture them to the person who was the victim, and the method and form of the crime.