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(영문) 수원지방법원 2020.09.24 2020고단4219
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The sentence of sentence against the defendant shall be suspended.

The gallon 10 pulos (No. 1) seized shall be from the defendant.

Reasons

Punishment of the crime

The Defendant is the relationship with the victim B (n, 28 years of age) and the relationship with the principal around October 2019 after the restriction of education for about one year and six months.

On October 2019, the Defendant used the photographic function of the Defendant’s cell phone in Young-si C and D, Young-si, Suwon-si, 2019 to take the image of the victim in which the victim can live in the state of body.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of existing Acts and subordinate statutes of one gallon (No. 10) on seized gallon buildings;

1. Article 14 (1) of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the punishment is selected;

1. Penalty of a fine of ten million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won per day of attracting a person to be converted);

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing);

1. In addition, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order, notification order, and employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons, that there is no record that the Defendant has been punished for sex offenses, and that the Defendant’s personal information registration and orders issued to complete sexual assault treatment program can have an effect of preventing recidivism to a certain extent.

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