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(영문) 수원지방법원 2020.11.26 2020고단5562
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 2, 2018, the Defendant: (a) from the Defendant’s friendship B, around December 2, 2018, at the guest room of the “D hotel in Seongbuk-gu, Seongbuk-do, Sungnam-do; (b) around December 2, 2018, the Defendant had a sexual intercourse with the victim E (name, 22 years of age) and had a sexual intercourse with the victim in physical condition; (c) taken the image of inserting the sexual organ into the victim’s sexual organ into the victim’s sexual organ; and (d) taken the image of the victim’s sexual organ into the victim’s sexual organ into the victim’s sexual organ’s body condition; and (e) took the image of the victim’s sexual organ inserted into the victim’s sexual organ into the victim’s sexual organ condition; and (e) continued to have been transmitted to the Defendant, who had been working in the vicinity of Sejong-do, Chungcheongnam-do. The Defendant provided the victim’s sexual humiliation or the Defendant’s sexual humiliation of the victim’s body.”

Summary of Evidence

1. Examination protocol of suspect interrogation of the accused in the prosecution C and each police interrogation protocol of the accused in the court;

1. Application of the police protocol report (a confirmation of the records of evidence and attachment of documentary evidence) to E, investigation report (a photo attachment within the suspect C smartphone c's c's c's c's c's c's c's c's c's c'), investigation report (the result of the confirmation

1. Relevant Article on criminal facts and Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) for which the choice of punishment is made;

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

1. An order to restrict employment of children or juveniles;

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