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(영문) 수원지방법원 2020.11.26 2020고단5128
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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 and the victim B (the age of 23) were in a relationship between May 2017 and February 2018.

Around February 12 to 13, 2018, the Defendant took a dynamic image of the Defendant’s cell phone camera without the consent of the victim while having sexual intercourse with the victim, who was in a state of body in the hotel C in Nam-gu Incheon Metropolitan City.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Statement of the police concerning B by the defendant in court;

1. Application of Acts and subordinate statutes of the video closure photographs, reservation details, photographs at the scene of the crime, and each investigation report (Evidence List Nos. 14, 16);

1. Article 14 of the relevant Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) that are applicable to the option of punishment for sexual crimes;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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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