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(영문) 대구지방법원 서부지원 2014.11.06 2014고단1391

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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

At around 15:55 on July 19, 2014, the Defendant: (a) concealed the Defendant’s mobile phone in a paper room in the subway station located in Gangseo-gu Daegu Jung-gu, Daegu-gu, Daegu-gu; (b) prepared the Defendant’s cell phone in a short time so that the outside may be taken by drilling by drilling, and (c) taken a short part of the Defendant’s name unclaimed female victim who was getting off a subway station stairs, following the victim’s ambuck from the above time to July 17:30, 2014, such as taking back the victim’s ambuck, ambuck, etc., and then taken the victim’s body parts against the victim’s will that may cause sexual humiliation, such as ambane and ambuck, etc., in a total of 14 times in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the photographic Acts and subordinate statutes;

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

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

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

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal Act, 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 to the head of a competent police office pursuant to

Although the defendant has the same kind of power to issue an order to disclose or notify personal information one time, considering the characteristics of the case, the degree and expected side effects of the defendant's disadvantage due to the order to disclose or notify the personal information, the preventive effect of sexual crimes subject to registration which can be achieved therefrom, the effect of protecting the victim, etc., the defendant shall not be ordered to issue an order to disclose or notify the personal information to the defendant.