beta
(영문) 춘천지방법원 원주지원 2020.01.09 2019고단1214

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten 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 a person who served as a B apartment management employee, and the victim C (V, 36 years of age) is a resident living in the above apartment.

On September 8, 2019, at around 15:20, the Defendant: (a) laid down a document related to the extension of lease on a book within the original B apartment management office; (b) laid down a cell phone of the Defendant’s LGV40 cell phone on a book, and taken a video picture of approximately 6:29 seconds of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Reporting case management table;

1. Each investigation report (Nos. 9, 10, 15, 16, 17, and 18 of the evidence list);

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 2, 3, 4, 7, and 8 of the evidence list);

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;

1. Article 62 (1) 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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism, the type and motive of the instant crime, the type of the instant crime, the process of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the order to disclose or notify information, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be considered to be special

1. The ages and ages of the defendants under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities.