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(영문) 인천지방법원 2019.03.27 2018고단8750

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant was at home in the victim B (the age of 57) and 5 years, and was at around May 2018.

On September 21, 2018, at around 15:45, the defendant's house located in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, the defendant kept an internal relationship with the victim that only was used by the victim and was abandoned, and dealt with three copies of the victim's bridge photograph taken with the victim's cell phone with the inside function in Mour, etc. with the consent of the victim.

In addition, the Defendant sent the photographs of the victim's body to the cellular phone (D) used by the wife of the victim and the cell phone (E) used by the wife of the victim.

Accordingly, the defendant provided a third party with photographs that could cause sexual humiliation or shames taken under the consent of the victim against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of a sentence, respectively;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment on the duty to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime in this case, and disclosure order or notification order.