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(영문) 서울동부지방법원 2019.01.25 2018고단3898

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 22, 2018, at around 20:45, the Defendant: (a) taken a shower box in the “Cirel” room located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu); (b) the victim D (the age of 22) who was at the time using the Defendant’s gallon functions in S8 mobile phones, and was expected to take a shower box in favor of the Defendant.

2. At around 17:00 on August 11, 2018, the Defendant, within a guest room of “F hotel in Gwangjin-gu Seoul Special Metropolitan City E”, taken a face-to-face of sexual intercourse with the said victim in the same manner.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (No. 19,21, 22 No. 19,00);

1. Answers of results of analysis of digital evidence;

1. Complaint;

1. Recording records;

1. Application of the CD-related Acts and subordinate statutes attached to restoration files, such as a recording file CD, a USB, or a golf course;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of punishment for such crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Article 47(1) and Article 49(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure notification order under Article 334(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s age, occupation, risk of recidivism; the motive and method of committing the instant crime; the seriousness of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure notification order or notification order; the preventive effect of sexual crimes subject to registration; and the effect of protecting the victims.