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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1356

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 02:00 on May 24, 2015, the Defendant made a twit account using the Defendant’s ELS mobile phone at around 02:0, the Defendant displayed five photographs exposed to the victim D (the age of 19)’s chests, sound, etc. by posting five photographs, so that many unspecified twitter users can see the said pictures, thereby openly displaying the photographs taken by the victim’s body, which may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 crime of this case on the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant on Probation and Order to Attend is not good and its nature is not good, and the Defendant has displayed pictures that cause sexual humiliation against the will of the victim who was female or female, and the Defendant did not receive any use from the victim. However, the Defendant appears to have an attitude against the Defendant when recognizing the crime of this case, the Defendant did not have any criminal record at all, and other circumstances indicated in the record, such as the Defendant’s age, character and behavior, family environment, etc

When a conviction on a crime subject to registration or a sex offense subject to registration becomes final and conclusive, 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 the relevant agency pursuant to Article 43

The age of the defendant exempted from the disclosure order or notification order, the type and motive of the crime of this case, the process of the crime, the seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects.