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(영문) 수원지방법원 성남지원 2016.01.22 2015고단1862
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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

From August 2014, the Defendant is a person who has a relationship with the victim C (the female, the age of 36) with his/her mother from around 2014.

1. On March 14, 2015, at around 01:14, the Defendant taken pictures of the head of a sexual relationship with the victim using the recording function of his cell phone images against the victim’s will in an influence room in the trade name where the relative dong located in the Jung-gu, Sung-gu, Jung-gu, Seoul Special Metropolitan City.

2. On March 25, 2015, the Defendant taken one of the two images and photographs of the victim who was under the influence of alcohol by using his/her cell phone screen pictures and photographs against the victim’s will in the Monobel room located in Seongbuk-gu Seoul Special Metropolitan City, Sung-gu, Sung-gu, Seoul Special Metropolitan City on March 25, 2015.

Accordingly, the defendant taken his cell phone against his will the body of another person who could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of evidence photograph;

1. Application of the police seizure protocol statutes;

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

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 stay of execution (Consideration of the fact that the injured person does not want the punishment of the accused, and the use, etc., of taking pictures and photographs);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Where a conviction against a defendant who has registered personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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 defendant is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of crimes subject to disclosure order or exemption from notification order, punishment records, etc.

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