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(영문) 부산지방법원 2019.10.28 2019고단3220
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2019, the defendant taken a shower in the cell phone camera room of the defendant while the defendant was living together with the victim D (the name, the 28 years old), who was living together with C's guest and employee, and taken a shower behavior of the victim who was living together with C's cell phone camera in the defendant's cell phone camera room, and continued to put the defendant's cell phone into the line of the guest room with the victim's sexual intercourse with the victim.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning D;

1. A complaint;

1. Application of E-cape Acts and subordinate statutes;

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;

2. Article 62 (1) of the Criminal Act;

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 56(1) main sentence of 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 (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that can be achieved due to such order, and the effect of protecting the victim, etc. shall be comprehensively considered.

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