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(영문) 대전지방법원 홍성지원 2016.02.19 2015고단1190

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 3, 2015, the Defendant taken a photograph of the victim D (the 17-year-old age-old)’s chest and the lower part of the body of the clothes, as shown in the list of crimes, from July 31, 2015 to August 3, 2015, on the back of the back of the C Bathing beach located in Bocheon-si, the Defendant attached a siren to the Defendant’s mobile phone to the Defendant’s mobile phone, and taken a photograph of the victim D’s chest and the lower part of the body of the clothes, as well as from July 31, 2015 to August 3, 2015.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs to suspect mobile phones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to Attend Education;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the accused is against and led to a confession; (b) the accused has no criminal records of the same kind of criminal records and suspension of execution; and (c) the accused’s age, sexual conduct, environment, motive and circumstance of the crime; and (d) the conditions for all the sentencing as indicated in the records and arguments of the case, including the circumstances after the crime, etc., shall be determined as ordered

Where a judgment of conviction becomes final and conclusive on the criminal facts of this case against a person who has registered personal information, the defendant constitutes 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 and submits personal information to the competent agency pursuant to Article 43 of the same