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(영문) 수원지방법원 2020.11.19 2020고단4764
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the 16-year old, the auditorily disabled) are attending the C School, and they become aware of each other.

On August 25, 2018, at around 02:16, the Defendant drinked alcoholic beverages with the victim at the motherel near the Suwon Station located in 924 located in Suwon-si, and took photographs of the victim’s negative parts using the cell phone camera of the Defendant, following the victim’s mobile phone gate, while having sexual intercourse with the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Stenographic records of the police statement on the defendant's legal statement D, text messages, and application of the Acts and subordinate statutes on the card use records to the victim;

1. Article 14 of the relevant Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) that are applicable to the option of punishment for sexual crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) proviso of the Act on Welfare of Disabled Persons; Article 59-3(1) proviso of the Act on Welfare of Disabled Persons; Article 59-3(1) proviso of the Act on Welfare of Disabled Persons appears to have no record of punishment for sex offenses; personal information of the accused; and Article 59-3(1) proviso of the Act on Welfare of Disabled Persons appears to have an effect to prevent recidivism to a certain extent; and Article 47(1) and 49(1) of the Act on Special Cases concerning the

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