beta
(영문) 수원지방법원 2014.10.16 2014고단3144 (1)

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around August 2013, the Defendant taken the body of the Victim C using a smartphone (nive, 21 years of age) with a smartphone marked in the carmera function at the cross-dissurized telecom, and up to October 10, 2013 without the victim’s consent, posted a photo on the Internet next page of “D” and displayed the photo on the phone, thereby openly displaying the aforementioned photo against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The closure photographs and text messages;

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

1. Article 14 (2) and (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. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant 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 is obligated to submit personal information to a related agency pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant on the grounds that there are special circumstances under which the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

The reason for sentencing was between the victim and the victim, but the agreement was reached, and the victim's balm photographs are taken as a result of the massping.