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(영문) 수원지방법원 안산지원 2020.05.20 2020고단199

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

The defendant is between the victim B (n, 40 years of age) and the restriction.

1. On August 17, 2019, around 09:29:29, the Defendant, at the Defendant’s house located in Ansan-si Group C building, and the Defendant’s house located in Ansan-si, using the Defendant’s mobile camera function, taken pictures of the victim’s her tum, which he/she is in a physical state after sexual intercourse with the Defendant.

2. On September 16, 2019, the Defendant: (a) installed the Defendant’s mobile phone camera lenses on his/her table on his/her tables; (b) taken a visual image of the victim’s sexual intercourse with the victim at around 16:29, the Defendant’s sexual intercourse with the victim.

In this respect, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame through a camera twice against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Application of Acts and subordinate statutes to each digital evidence analysis report;

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, in relation to the relevant criminal facts;

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 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

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, disclosure notification order and employment restriction order will be disadvantageous to the defendant due to the exemption of the disclosure order, notification order and employment restriction order.