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(영문) 인천지방법원 2020.02.04 2019고단8472
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on August 24, 2019, the Defendant had a 42-time photograph of the victim's body or sexual intercourse with the victim's C (n, 69 years of age), while having sexual intercourse with the victim's C, the Defendant had a photograph of the victim's body or sexual intercourse with the victim's body, and the victim's body or sexual intercourse with the victim's sexual intercourse with his/her photo, despite his/her refusal to do so, the Defendant taken 42 times of the victim's body or sexual intercourse with his/her photo using a camera that is contained in the Defendant's LG mobile phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of Kamer photographs);

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

1. Where a conviction becomes final and conclusive with respect to a crime subject to registration of personal information and a sex offense subject to registration under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc

The personal information shall not be disclosed or notified in comprehensive consideration of the age of the defendant exempted from the disclosure or notification order, criminal records, family relations, the course and process of the crime of this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the prevention of sex crimes subject to registration which may be achieved thereby, and the effect of protecting victims, etc.

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