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(영문) 서울서부지방법원 2018.10.17 2018고단2924
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment 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) On July 28, 2018, at around 14:04, at the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government CBD 302, the Defendant taken the image of a female-friendly victim D (n, 19 years of age) sexual intercourse with the oral mouth using a 7 camera that the Defendant possessed by the Defendant following the victim, and the victim taken the image using the aforementioned mobile phone camera at around 13:49 on the same day without the consent of the injured party.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

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

1. Selection of each sentence of imprisonment;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the primary crime; (b) the registration of personal information and an order to attend a lecture to treat sexual assault is expected to have the effect of preventing recidivism; and (c) the Defendant’s age, environment, occupation, profits expected by an employment restriction order, the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant’s disadvantage

I think)

The reason for sentencing not only taken the images of sexual intercourses against the will of the victim of female-friendly job offering, but also the hedger is raising the victim's video to his E account by gathering the spread of the above images.

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