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(영문) 인천지방법원 2018.11.21 2018고단5746

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around September 26, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to physical photographing, taken pictures against the injured party’s will, while drinking alcohol together with the injured party’s tin-dong located in Seo-gu Incheon, Seo-gu, Incheon, and doing sexual intercourse under the agreement after the victim’s tin-dong with the victim’s B (nick, 20 years of age) and drinking alcohol and drinking together with the other party’s sexual intercourse with the other party’s her mother and child, taking pictures against the injured party’s will, such as the victim’s negative part, which may cause a sense of sexual shame due to a mobile phone possessed by the Defendant.

2. On September 2016, the Defendant provided pictures that could cause sexual humiliation against the victim’s will by transmitting a sexually related video recorded with the victim B (the age 20) recorded in the same manner as the Defendant’s cell phone in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul Special Metropolitan City C apartment D on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the provision of photographing materials to the Defendant’s friendly F through a bar room, while storing the Defendant’s cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the police seizure protocol and 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 Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment on the duty to register and submit personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order or notification order.