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(영문) 대구지방법원 상주지원 2016.03.22 2015고단579

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 15, 2015, at around 18:21 on July 15, 2015, the Defendant took photographs of another person’s body that may cause sexual humiliation or humiliation using a camera or other similar device with similar function, such as in the list of crimes in the attached list, by using the crea or other similar function to the victim’s crea, crebbly crebly crebly crebly crebly crebly crebly crebly crebly crebly crebly crebly embling the victim’s secret.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

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

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes and the choice of punishment;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the defendant has no same criminal record, and the defendant can sufficiently expect the effect of preventing recidivism even by taking part in the registration of personal information and taking part in sexual assault treatment lectures;

In full view of all the circumstances such as the profits and preventive effects expected by an order of disclosure or notification, disadvantages and side effects of the defendant's personal information, there are special circumstances that the disclosure or notification of the defendant's personal information may not be made.

[2] Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the defendant shall be found guilty of a sex offense subject to the registration of personal information.