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(영문) 인천지방법원 2021.03.24 2020고단11431
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B (n, 32 years old) are between the school restrictions from July 30, 2020 to October 9, 2020.

At around October 22, 2020, the Defendant used the gap in the victim’s residence in Osan-si apartment C apartment, in which the victim entered the toilet, and applied A51 B to the gallon of the mobile phone Samsung Samsung, which is owned by the Defendant, so that the victim intrudes A51 in the gallon of the mobile phone owned by the Defendant, and made the gallon of the mobile phone connected with the above mobile phone, followed by performing the function of photographing the video, and followed by sexual intercourse with the victim and the victim who knew of the above fact.

As a result, the defendant taken the body of the victim who could cause a sense of sexual shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the seizure protocol of police statement No. B to the police report No. 1, and the seizure list and examination statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 16(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order the Employment Restriction of Children and Juveniles against Sexual Abuse; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) of the Welfare of Persons with Disabilities Act; Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notice Order; the proviso to Article 49(1) and the proviso to Article 50 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020) [the defendant, other than the crime of this case, has no criminal history; the defendant is a person who has no type and attitude of the crime of this case; the content of the crime of this case; and the profits expected to be imposed according to the crime of this case and its effects and side effects;

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