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(영문) 전주지방법원 군산지원 2016.04.19 2015고단1296
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

On June 2015, the Defendant taken pictures of the victim’s body against the victim’s will by photographing the body of the victim’s body, which might cause a sense of sexual shame using a telephone camera with the same method eight times in total, as shown in the attached crime list, from around that time to September 25, 2015, using the DNA phone with a camera function, and using the victim’s name and the body of the victim’s body, her part, which was cleaned inside the vehicle at the third level, by photographing the body of the victim’s body, which could cause a sense of sexual humiliation by using a telephone camera with the same method as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes under each of the relevant provisions of the Act on the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as camera, etc.) and selection of imprisonment with labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Where a conviction against the defendant is finalized in relation to the crime of indecent act committed by force in the judgment that is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, order of disclosure or notification of personal information disclosure or notification, and the degree of disadvantage of the defendant resulting from the order of disclosure or notification.

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