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(영문) 인천지방법원 2019.02.13 2018고단9261
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2018, around 23:05, at a guest room where it is impossible to know the number of houses located in the Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon, the Defendant had sexual intercourse with the victim D (n, 18 years old) at the first day, and had sexual intercourse with the Defendant’s cell phone camera function, and had the victim taken pictures of the victim’s sexual intercourse with the victim’s her body.

Accordingly, the defendant taken the body of the victim against his will, who could cause sexual humiliation or shame by using the cellular phone function.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 48(1)1 of the Criminal Act, the accused is a person 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 the accused is obligated to submit personal information to the competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage to the Defendant’s entrance and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall be given to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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