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(영문) 부산지방법원서부지원 2020.12.09 2020고단1906
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 4, 2020, at around 00:15, the Defendant taken a female image with a view to meeting the sexual desire and, at around 00:15, the victim D (the victim, the victim, the age of 25) was off and melting the lower part of the victim’s cell screen, and the Defendant’s cell image function was activationd, and the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant taken the body of the victim who could intrude into toilets for the purpose of satisfaction of his sexual desire, and cause sexual humiliation or humiliation against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Investigation report (verification of the place of occurrence and attachment of site photographs), investigation report (the results of cellular phone sirens) and 112 reported case handling table;

1. Application of seizure records and list statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

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 48(1)1 of the Criminal Act provides that where a conviction becomes final and conclusive on each of the facts constituting a sex offense subject to the registration and submission of personal information, the accused shall be subject to Article 42 of the Act on Special Cases Concerning the Punishment, etc.

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