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(영문) 서울북부지방법원 2018.12.20 2018고단4269

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed a crime on February 2, 2018, which was employed by a police officer in the cel located in the Jung-gu Seoul Metropolitan Government on February 2, 2018.

Using the dynamic image function of LGV30 mobile phones, the face value of the victim D(n, 38 years of age) was taken twice against his will.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

2. The Defendant committed a crime in June 2018, and committed a sexual intercourse with the victim at the same place as that of paragraph (1) in the middle of June 2018, and taken the body of the victim against his/her will by the following methods:

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (verification of such images, etc. and attachment of photographs);

1. Each protocol of seizure;

1. Application of four Acts and subordinate statutes in respect of digital sirens results;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism risk, disclosure and employment restriction order, and order.