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 2018고단2409
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the family name, the female, the age of 27) are related to each other.

From July 2018 to August 2018 of the same year, the Defendant installed Mameras in front of the television in the ward located in the space where the Defendant had been purchased in the form of visibility D and 289 from the Defendant’s dwelling at Sungnam-si, Sungnam-si, and the Defendant taken one-time screen pictures to have sexual intercourse with the victim by using the above Mameras, and to have sexual intercourse with the victim by the same method two days after the said temporary warning, and taken one-time screen to have sexual intercourse with the victim around October 27, 2018 by the same method as the victim around October 23:00.

Accordingly, the Defendant taken the body of the victim against the victim’s will, in a total of three times, likely to cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Reports on internal investigation and investigation reports;

1. Application of the Acts and subordinate statutes to photograph the criminal tools and voluntarily produced articles, photographic pictures of mermono card data, and photographic images of dynamic images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant, on a planned basis, purchased a camera device in the shape of visibility for table use, taken the images, and the images taken are deemed to cause serious sexual humiliation to the victim due to sexually related images between the victim and the victim.

However, the defendant is the first offender who has no record of punishment, and confession of each of the crimes in this case.

arrow