성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 13, 2019, at the defendant's house located in Gangnam-gu Seoul building B, the defendant tried to take a sexual relationship with the victim C (the age of 26) with the victim's digital camera, following his arrival at the victim's house, and taken a screen image of the victim's digital camera image with the victim's digital camera. After the victim's arrival at the above defendant's house with the victim's body, the victim exceeded all clothes, taken out his clothes, taken a shower at the shower room, and taken the screen image of the victim's digital camera image.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, etc. against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to C of the protocol of seizure of police statements, and the content of seizure list to the Stockholm;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Article 16 (4) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant, for the reason of sentencing under Article 48(1)1 of the Criminal Act, has taken his/her prior body against his/her will, and the criminal liability is not minor.
Considering the fact that the Defendant committed the instant crime without being aware of the fact that he/she had been punished for a suspended sentence due to the same crime, the fact that the Defendant committed the instant crime is disadvantageous.
However, the defendant only agreed with the victim, and the victim does not want the punishment of the defendant, and the defendant led to his crime.