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(영문) 수원지방법원 안산지원 2015.12.16 2015고단3309
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Even if the body of another person, which may cause sexual humiliation or shame, is not taken against his will using a camera or other similar mechanism, the defendant taken pictures of the victim's sexual intercourses with the victim's mobile phone holding the victim's sexual intercourses under agreement with the victim E (V, 54 years old) in Ansan-si, the defendant around 13:50 on June 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation:

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

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 on the stay of execution (not including the fact that the defendant has been led to confession and reflect, the fact that the defendant has agreed with the victim, and the fact that the defendant has no previous record of punishment);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Where a conviction becomes final and conclusive with respect to a crime subject to registration and submission of personal information in accordance with Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of personal 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 (which shall not disclose and notify personal information in consideration of the previous absence, age, family relationship, previous circumstances, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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

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