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(영문) 서울중앙지방법원 2019.08.14 2019고단2579
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 11, 2018, at around 21:51, the Defendant, at its own residence located in the Dongjak-gu Seoul Metropolitan Government building B and subparagraph C, taken a sexually-related color photographed image of the victim D (25 years of age) and the sexually-related body using “Ayg Rate Home Ca,” and taken a sexually-related body 10 times in total at the above place as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each protocol of seizure and each list of seizure;

1. A criminal investigation report (Submission of photographs of a victim), a criminal investigation report (Attachment to photographs by capturing the head of a sexual relationship with each victim);

1. Application of ten photographics and photographs to the closure of a course under Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment, etc. concerning criminal facts;

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 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The victim taken the face of sexual intercourse with an unspecified victim against his/her will.

The face of the victim is exposed to the photographic material.

The favorable circumstances: The mistake is recognized.

It seems that video, etc. have not been leaked to the outside.

There is no past history of criminal punishment before criminal punishment.

There are extenuating circumstances in relation to the installation of CCTV.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing factors shown in the argument of this case, such as circumstances after the crime, are considered as ordered.

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