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(영문) 수원지방법원 여주지원 2020.04.27 2020고단192
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 27, 2018, at around 05:26, the Defendant taken a video image against the victim’s will, using the Defendant’s Nopt 8 mobile phone camera function, in a breathic state, in a breathic state, in a breathic state.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Characters and fafics thereof;

1. The date of voice communications between the victim and the suspect;

1. A report on the analysis of digital evidence;

1. Application of the Acts and subordinate statutes on video CDs to suspect photographs;

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;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

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

1. Where a conviction is finalized due to a crime committed in the judgment on the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, disclosure order or notification order, the degree of disadvantage the Defendant suffers and the effect of preventing sex crimes subject to registration that may be achieved therefrom, and protecting the victims thereof, etc.

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