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(영문) 울산지방법원 2018.10.05 2018고정713

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim C (V, 19 years old) are the first space at the age club.

On January 14, 2018, the Defendant, using the Defendant’s smartphone in Ulsan-gu Del E around 02:0, the Defendant taken two-time photographs of the victim following the death of the victim, and taken three-time photographs of the victim, while having sexual intercourse with the victim, while having sexual intercourse with the victim.

Accordingly, the defendant taken the body part of the victim who caused sexual humiliation or shame by using smartphone functions against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning 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. Penalty of a fine of four million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the accused);

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and family environment, the relationship and social ties between the Defendant and the victim, the records of the crime, the details and motive of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure orders or notification orders, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc. shall not be disclosed.