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(영문) 인천지방법원 2020.10.28 2020고단6207
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was living together with the victim B(n, 18 years of age) in a relationship with him.

Around March 13:33, 2020, the Defendant taken four-time photographs using mobile phone cameras of the victim, where the victim was locked within the territory of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, his residence, and where the victim was locked.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs submitted to victims;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-

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; the proviso to Article 49(1) and the proviso to Article 50(1) 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) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the nature of the offender; characteristics of the crime; the characteristics of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information; (ii) the effect of preventing sexual crimes subject to registration; and

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the record of crimes under the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the details and motive of crimes, and methods of committing crimes.

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