성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
2017 Highest6242 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)
Coloring)
A
Oral materials (prosecutions) and Kim Young-type (public trial)
Attorney B (Korean National Assembly)
February 12, 2018
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 became final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture for 40 hours.
Criminal facts
On November 2017, the Defendant had been in a relationship with the victim C (33 years of age, female) and had been in a relationship with the victim, and had the victim arranged the relationship with the Defendant in order to comply with the judgment with the husband who was divorced in the middle of November 2017. The Defendant had the intention to threaten the victim by borrowing the sexually related video recorded with the previous victim.
From October 24, 2017 to November 15, 2017, the Defendant: (a) had sexual intercourses with the victim at the seat of the victim located in Busan Eel, Busan Felto Felto, Busan-gun, Busan-gun, and the victim located in Busan-gu G, and stored and stored the video images and photographs of the sexual intercourse, etc. recorded with the victim’s consent in his/her cell phone; (b) from around 1, 2017 to around 14:35 on November 25, 2017 and around 15:20 on November 26, 2017, the Defendant distributed the victim’s pictures against the victim’s will by transmitting the victim’s husband’s pictures, seven and five photographs to H, his/her husband’s International message.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of C and H;
1. Application of Acts and subordinate statutes to investigation reports (victims, I dialogues submitted by witnesses, and motion pictures);
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
2. Suspension of execution;
Article 62(1) of the Criminal Act (The execution of imprisonment shall be suspended in consideration of the fact that the victim's prior wife is flying the victim's body by repeating the victim's body, and that there is no criminal record exceeding the fine).
3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
4. In full view of the following circumstances: 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 the personal information of the accused; the proviso to Article 49(1) and the proviso to Article 50(1) of the Child and Juvenile Sex Protection Act (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism; benefits and effects expected from the disclosure or notice order of this case; and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notice of the accused’s personal information may not be disclosed or notified
Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 4
Judge Long-term Judge