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(영문) 수원지방법원 안양지원 2021.03.12 2020고단2120
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is between the victim B (n, 18 years of age) and the victim B.

On June 16, 2020, the Defendant taken a photograph against the victim's will that he had a part of her body, using the Defendant's cell phone "Aphone 11 PRO", which was located in the Kamera function, in the Mamera-gu Boyang-si Mayang-si, Anyang-si, Annyang-si, Annyang-si, Annyang-si, the Defendant used the Defendant's cell phone.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service and attend lectures is issued;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, disclosure order, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant suffers from such order, prevention of sexual crimes subject to registration, protection of the victims of sexual crimes, etc., there are special circumstances that do not disclose or notify the Defendant’s personal information, or restrict the employment of children, juvenile-related institutions, etc., and welfare facilities for the disabled.

The defendant's reason for sentencing is the victim's consent.

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