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(영문) 의정부지방법원 2019.10.24 2018노3420
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal, sentencing and police officer (in cases of original sentence, one year and six months of imprisonment, two years of suspended execution, 40 hours of taking the sexual assault therapy, 80 hours of community service, confiscation, and three years of restricted employment);

2. Ex officio determination

A. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019; Act No. 1550, Jun. 12, 2019; hereinafter “Act on Welfare of Persons with Disabilities”) provides that, when a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to welfare facilities for a certain period not exceeding ten years; however, the same shall apply to a sex offense case where the risk of recidivism is significantly low

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.

B. From around 00:00 on July 8, 2018 to 02:00 on the same day, the Defendant sent a photograph of the body of the victim B, e.g., the body of the victim B, such as the telegraph and the negative part, to 7 persons, including the victim’s cell phone, from Goyang-gu Mayang-gu’s cell phone from around 00:00 to 02:00 on July 8, 2018. Accordingly, the Defendant provided the victim’s body photographs that may cause sexual humiliation or humiliation against the victim’s will. (negative) The existence of the Defendant’s confession statement and other supporting evidence (negative) there is no direct evidence as to the transmission of the photograph corresponding to this part of the facts charged.

Therefore, the defendant's confession statement in addition to the confession statement can be reinforced.

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