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(영문) 창원지방법원 2019.10.16 2019고단2195

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

Criminal facts

On January 7, 2019, around 13:35, the Defendant entered the 3st floor toilet of the Sungwon-si, Changwon-si B market, Sungwon-si, the victim C (24 years of age) into the string partitions, and opened the Defendant's cell phone to the upper part of the victim's mobile phone, and taken a screen image to view the string of the victim.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Five on-site photographs;

1. A report on the analysis of digital evidence;

1. Application of one statute to a video CD as a result of digital siren;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the following circumstances: (a) the Defendant’s age, type of crime, process of crime, criminal records, disclosure and notification order, social benefits expected by an employment restriction order, and the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the Defendant therefrom, etc., the disclosure and notification of the Defendant’s personal information or the order of employment restriction on children, juveniles-related institutions, etc. and welfare facilities for disabled persons shall not be ordered.