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(영문) 수원지방법원 2020.05.28 2020고단1608

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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 of the final judgment.

Reasons

Punishment of the crime

At around 20:40 on February 11, 2020, the Defendant set up his own mobile phone in the vicinity of the said guest room without obtaining the consent of the victim D (Influorite) and recorded the image of sexual intercourse between himself and the victim using the camera function of the said mobile phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on video CDs;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore

In full view of the Defendant’s age to be exempted from the disclosure and notification order and employment restriction order, type of crime, criminal records, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, and the effectiveness of the prevention of sexual crimes and the disadvantages and expected side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of Defendant’s personal information or the issuance of an employment restriction order to children, juvenile-related institutions, etc. and welfare facilities for the disabled should not be ordered. Thus, the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article