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(영문) 수원지방법원 평택지원 2018.11.29 2018고단774
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:00 on February 20, 2018, the Defendant: (a) taken the upper part of the victim E (the victim 23 years old), a female-child victim E (the victim 23 years old); (b) taken the upper part of the victim’s chest using a video function of the cell phone device with the camera inside the camera, and taken the upper part of the victim’s body, which could cause a sense of sexual shame against his will, by taking the upper part of the victim’s chest, by taking the upper part of the victim’s chest, using the video function of the cell phone device with the camera.

2. On February 24, 2018, the Defendant sent the victim E’s physical parts of the victim E, which was taken in an influence place at around 19:12 on February 24, 2018, using the F Messen, to the victim and two his/her relatives.

Accordingly, the Defendant reached the victim, etc. with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CD-related Acts and subordinate statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (1) of the Criminal Act on the community service order;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend shall be taken into account: (a) the Defendant’s mistake is divided and agreed with the victim; and (b) the Defendant has no criminal history.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is a related agency pursuant to

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