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(영문) 대전지방법원 2014.02.19 2013고단3728

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2013, at around 10:30, the Defendant: (a) had sexual intercourse with the victim D (the victim, 47 years of age) of an internal-related party D (the victim, who had sexual intercourse with the victim D (the victim, 47 years of age) and had the victim functioned to photograph the image of the smartphone between the victim and the shower; and (b) had the victim taken the face of sexual intercourse with the victim by hiding it on the cremation.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame using smartphone functions against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Text messages and photographs;

1. Application of Acts and subordinate statutes to 24 copies (three copies, such as portable phones) of a dynamic image closure photograph;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The relationship, agreement, reflect, etc. with the victim);

1. Where a conviction of the accused is finalized on the facts constituting the sex offense subject to registration in the judgment that is subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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, and the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, criminal record, motive and background of the crime, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, prevention and effect of the sex offense subject to registration, etc., the personal information may not be disclosed pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.