성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a victim B(n, 46 years of age) and a teaching system.
On January 2, 2020, the Defendant completed the sexual intercourse with the victim who was accommodated in the guest room in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and then taken a photo of the victim's body by using the cell phone camera function of the victim's cell phone that the locker Defendant possessed.
Accordingly, the defendant taken the body of the victim who caused sexual humiliation or shame against his will.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Application of B(D) photographic Acts and subordinate statutes
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (where special circumstances exist in which a criminal defendant may not disclose or notify his/her personal information when comprehensively considering the characteristics of the criminal suspect, characteristics of the criminal act, the degree and anticipated side effects of his/her disadvantage due to an order to disclose or notify information; the effects of preventing sexual
1. The records of the crime, the details and motive of the crime, the method of committing the crime, and the result thereof, under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Welfare of Disabled Persons