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(영문) 수원지방법원 2020.07.23 2020고단1304
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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 June 3, 2019, at around 02:30-03:30 on June 3, 2019, the Defendant, at the residence of the Victim B (Y, 26 years of age) located in Mapo-gu Seoul Metropolitan Government, taken a dynamic image of the victim’s sexual intercourse with the victim in order to take a photograph of using the Defendant’s mobile phone camera, leaving the victim’s face in beer, preventing the victim from taking the victim’s eye, and followed the straw, and then having the victim’s sexual intercourse with the victim by having the Defendant’s cell phone located adjacent to the victim.

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. The police statement concerning B;

1. Application of the existing Acts and subordinate statutes of Gaphone XS 1 (No. 1) that have been seized;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the applicable

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. In addition, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on Welfare of Disabled Persons, the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons, and the fact that there is no record that the Defendant has been punished for sexual crimes up to this system, and the fact that the Defendant’s order to register personal information and attend a lecture can have an effect to prevent recidivism to a certain extent, including the Defendant’s age, family environment, family relationship, family relationship, social relationship, relationship with the victim, the details and consequence of the instant crime, the details and consequence of the instant

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