logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.11.30 2018고단1431
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant first met with the victim B (a name, a woman, 19 years old) and a dumping "C".

On September 24, 2017, from around 17:00 to around 20:00, the Defendant taken the body of the victim in a state of body using the video function of the Defendant’s cell phone (oponon) while he/she took a sexual intercourse with the victim while he/she took care of himself/herself in the heading room of “Eel” or “Eel”, and was in a sexual intercourse with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phones against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal death (Submission of a victim F course photograph);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (the punishment to suspend a sentence: fine of KRW 5 million, detention in a workhouse: KRW 100,000 per day) of the deferred sentence [the defendant is currently a high school student and has no record of punishment; the defendant is a primary offender who has no record of punishment; the confession of the crime of this case in this court; the confession of the crime of this case and seriously reflect it; the defendant used the above image separately stored or otherwise used it;

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of new information becomes final and conclusive, 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose or notify information shall be issued.

arrow