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(영문) 서울남부지방법원 2021.02.17 2020고단5262

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on April 18, 2020, the Defendant taken pictures of the body of the victim who could cause sexual humiliation or sense of shame by taking the body of the victim in a physical condition using the camera function of the cell phone in possession of the victim’s sexual intercourse with the victim C (name, leisure) at the Guro-gu Seoul Metropolitan Government Bel, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. A written statement under C (tentative name);

1. Each photograph;

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

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); the selection of a sentence of imprisonment, etc.

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which is a sex offense subject to Article 48(1) of the Confiscation Criminal Act, the defendant 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same

In full view of the following circumstances: the Defendant’s age, type and content of the crime, the process of the crime, the records of the crime, other social benefits expected by the disclosure order, the prevention of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the disclosure or disclosure of the Defendant’s personal information may not be made;

Since it is judged, the court does not issue an order to disclose information to the defendant.

The crime of this case is committed by the defendant who taken the body of the victim without the consent of the victim who has disturbed the reason for sentencing.