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(영문) 서울동부지방법원 2020.02.07 2019고단2965
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

From November 2018 to August 9, 2019, the Defendant conspiredd with the victim B (the age of 22).

On June 29, 2019, at the defendant's house located in Songpa-gu Seoul building and the defendant's house located in Songpa-gu Seoul building and D, used the defendant's opphone XS mobile phone to take a photo of the victim who was locked by suffering from the victim's side fright, and cut off all of the victim's fright, and continuously taken the victim's bat, fat, etc., with his her fat, cut off the victim's back fat, and cut off the victim's back fat, and continuously taken the victim's back fat, etc. at the close of the victim's sexual organ.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame on three occasions in total, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (No. 3,8).

1. Seizure records;

1. Documents, such as photographs, CDs as a result of digital evidence analysis, and replies of digital evidence analysis results;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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. Article 16 (2) and (4) 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 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the Defendant’s age, occupation, character and conduct, family relationship; the risk of recidivism; the background and process of the instant crime; and the profits expected from the instant disclosure order and notification order.

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