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(영문) 인천지방법원 2020.11.18 2020고단7733

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2020, at around 22:00, the Defendant performed his gallon function of S10 mobile phones (No. 1) at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, and had the aforementioned mobile phone apparatus fixed on the table under the bed part of the bed part of the bed part of the bed part of the bed part of the cell phone, made the victim C (n, 24 years old) who takes the form of sexual intercourse with the victim so that he may cause a sense of sexual humiliation, and taken the body of the victim against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on results of analysis of digital evidence (Evidence Nos. 22 of the evidence list), application of Acts and subordinate statutes to investigation report (verification of video related to suspect suspicions);

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-

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

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 (i.e., the nature of the offender; characteristics of the crime; the characteristics of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information; (ii) the effect of preventing sexual crimes subject to registration; and

1. The Act on Nov. 26, 2019, Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an employment restriction order;