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(영문) 서울서부지방법원 2020.12.02 2020고단2922
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around 01:00 on May 4, 2020, the Defendant taken a video recording of the images of the sexual relationship with the victim C (M, 20 years of age) who had a sexual relationship with the victim C (S, 20 years of age) at his/her residence in Seodaemun-gu Seoul Metropolitan Government.

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. Defendant's legal statement;

1. Statement to C by the police;

1. Application of existing Acts and subordinate statutes of subparagraphs 1 and 2, seized evidence;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) and the selection of imprisonment with prison labor, which shall be applicable to the relevant criminal facts and the selection of a sentence

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive and means of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant appears to have the attitude of opposing the defendant to recognize the crime, and the cellular phone used for the crime is confiscated, so there is no possibility of spreading the crime: The sexual intercourse between the victim and the victim's sexual intercourse is not good and the crime is not abundant, and the conviction on the crime committed in the judgment that is subject to registration and submission of personal information, becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the defendant is obligated to submit basic personal information to the head of a related agency pursuant to Article 43 of the same Act.

Disclosure and notification order, and

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