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(영문) 수원지방법원 2017.09.07 2017고단3547
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is between the victim D (n, 27 years of age) and the victim from January 2016 to May 2016, and the relationship between the victim D and the victim.

On February 3, 2016, at around 13:53, the Defendant taken a photograph of the victim’s back condition using a smartphone camera function, his own possession, without the victim’s consent, and taken pictures of the victim’s body and sexual intercourses over 11 times in total against the victim’s will, in the same manner, from September 5, 2016, by the same time as indicated in the list of crimes in the separate sheet of crimes, between the victim’s body and sexual intercourse.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Act and subordinate statutes to investigative reports (abssens and e-mail details transmitted to the victim by the victim);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of cameras and photographs) and the 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. When a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, the main text of Article 16(1), Article 16(2) and the main text of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is 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 thus, is obligated to submit personal information to a related agency

The defendant's age, occupation, risk of recidivism, details and motive of the crime, and exemption from the disclosure order or notification order.

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