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(영문) 광주지방법원 2018.09.12 2018고정817

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence shall be suspended for the defendant.

Samsung Tallon Doglon (Yju District Prosecutors' Office 18.8.

Reasons

Punishment of the crime

On May 22, 2018, at around 01:0, the Defendant took one-time a photograph of the victim by using the victim locked, his cell phone camera shooting function, while having sexual intercourse with the victim, at the Defendant’s residence located in Young-gun D 5th 302, Nam-gun, Young-gun, Nam-gun.

As a result, the defendant took photographs of the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence - The defendant's mistake is recognized, the defendant is the first offender, the agreement between the victim and the defendant is expected to marry immediately between the parties who promised to marry, and the victim desires to resume the defendant's wife, and the judgment of conviction against the defendant 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 relevant agencies pursuant to Article 43 of the same Act.

Provided, That if a suspended sentence against a defendant is deemed to be acquitted after two years have not elapsed since the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information shall be the defendant's age, occupation, risk of recidivism, method and consequence of the crime.