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(영문) 수원지방법원 2018.02.01 2017고단7428
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 1, 2017, the Defendant taken the video images of the victim D and the victim E with the cell phone of the Defendant at the Yung-gu, Young-gu, Young-gu, Young-si, Gabio C’s room, and the victim D and the victim E’s sexual intercourse.

2. On April 22, 2017, at around 03:15, the Defendant taken video images of the victim’s sexual intercourse with the Defendant’s cell phone at the place specified in the foregoing paragraph 1.

3. On May 22, 2017, at around 02:20 on May 22, 2017, the Defendant taken a screen image of the victim D with the cell phone at the location of the above paragraph 1.

Accordingly, the Defendant taken the physical parts of the victims who could cause sexual humiliation or shame over three times as above, against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. On-site photographs;

1. A protocol of seizure and a list of seizure;

1. The 10th through 13th file (the net 21st file), among the CDs (the Niber Cloud);

1. Application of Acts and subordinate statutes to CDs (NAVF) (the net time 21-1);

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof, and 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 suspended execution;

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 48(1)1 and 2 of the Criminal Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.

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