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(영문) 서울동부지방법원 2017.06.16 2017고단1062
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 5, 2014, the Defendant taken several times using the Defendant’s cell phone camera function, where the body of a female-friendly job-taking victim C (V, 19 years of age) who was divingd within the influence in Dongdaemun-gu Seoul, Dongdaemun-gu, for a sexual intercourse, after having sexual intercoursed.

The defendant taken the body of the victim who could cause sexual humiliation as above against his will.

2. At around 02:00 on February 7, 2015, the Defendant taken a multiple-time film using the Defendant’s cell phone camera function with the Defendant’s cell phone camera function, where the Defendant took part of her body, such as the sound part of the victim F (n, 20 years of age), who was locked after having sexual intercourse, within the Eelel located in Seongdong-gu Seoul Metropolitan Government D.

The defendant taken the body of the victim who could cause sexual humiliation as above against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the Acts and subordinate statutes to each known body photograph, photograph file CD;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor concerning the crimes under the relevant provisions of the Act;

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 suspended execution;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea does not agree with the victims of the reasons for the sentencing, the primary crime and confessions against multiple victims, and the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account the following factors:

Where this judgment becomes final and conclusive, a defendant shall be 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 a defendant shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

The details of crimes subject to exemption from disclosure order or notification order,

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