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(영문) 의정부지방법원고양지원 2020.09.10 2020고단1065
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 2019, the Defendant taken the body of a person, who may cause sexual humiliation or shame of shame, using a camera or any other device equipped with similar function, such as a camera or any other similar function, by carrying out a video function of an Aphone 7 mobile phone, which was used in the hotel C lake room located in Busan Jung-gu, Busan, against his/her will, and photographing the face of his/her sexual intercourse with the victim D (the age of 23) against his/her will.

2. At around 04:00 on April 13, 2019, the Defendant taken three times the face of sexual intercourses with the said victim in the above method at the guest room of Busan Jung-gu E hotelF, Busan, and taken the body of a person, who may cause sexual humiliation or shame, using a camera or other similar device with a similar function, against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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, each of the applicable provisions on criminal facts and the choice of a sentence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure and notification order of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry; the prevention of sex crimes subject to registration; and the protection of the victim.

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