logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.30 2018고단3570
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant from May 2017 to the same year.

6. At around 17:00 between the date and the date, the victim’s sexual intercourse with the victim D was taken by using the Defendant’s smartphone video image function at around 502, Nam-gu Incheon Metropolitan City.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On November 18, 2017, the Defendant provided sexually related video images taken by sending them to E’s cell phone, the victim’s workplace, with the victim’s cell phone, at around 23:30, without the victim’s consent.

3. On January 5, 2018, the Defendant provided by transmitting the sexually related video images taken from the victim’s husband to F’s cell phone without the consent of the victimized person at a place where it is not possible for the Defendant to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A protocol of seizure and a list of seizure;

1. A copy of the statement of complaint or each text message;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 on the suspended execution;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. As to the defendant with reasons for sentencing under Article 48(1)1 of the Criminal Act, the defendant shall be selected to be sentenced to imprisonment in consideration of the following unfavorable sentencing factors:

A. The type of crime is very good, such as taking off a sexual intercourse with the victim, providing him/her with a sexually related dynamic image to his/her husband, and threatening him/her with a sexually related dynamic image on several occasions.

B. We intend to find out the victims and their children.

arrow