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(영문) 인천지방법원 2020.09.24 2020고단5498
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 was dead from the victim B (n, 28 years of age) and the Internet car page.

1. Around January 20, 2020, the Defendant: (a) around January 20, 2020, up to the Michuhol-gu Incheon Michuhol-gu Cudio; and (b) around January 20, 202, the victim’s ambucks and bucks with smartphones located in the Kameras, taken the victim’s ambucks against the victim’s will.

2. Around January 24, 2020, the Defendant, at the above place around 02:0 on January 24, 2020, taken the sound of the victim against the victim’s will by the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Act and subordinate statute of 6,7) to each police protocol of statement No. B (No. 6, 7)

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of a sentence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order; prevention of sex crimes subject to registration; and

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