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(영문) 서울북부지방법원 2017.03.16 2016고단5956
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 12:00 on September 17, 2016, the Defendant sent to F, G, H, I, J, and K L L message, a motion picture with sexual intercourse with the victim who had been taken with the consent of the victim before the victim was dissatisfied with F, at the main point of “D” located in Jung-gu Seoul Metropolitan Government, and distributed a photograph of another person’s body against the victim’s will that may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. A report on investigation (a witness I case);

1. A report on investigation (a case of reference witness J's oral statement);

1. Investigation report (referring to K statements);

1. Application of investigation reports (the photograph and video image sent by the suspect A to the victim-friendly F, and the contents of Literacy messages), pictures sent by the suspect to the victim-friendly F, and video-related Acts and subordinate statutes;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

The circumstances and means of crimes recognized by the above evidence;

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