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(영문) 수원지방법원 2014.11.27 2014고단4864
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant,

1. Around August 2013, at the top of the west-si, west-si, the head of the sex relationship with the victim E (V, 47 years old), using a small camera at the near the west-si, west-si, west-si, west-si;

2. Around August 1, 2014, at the location of the Defendant’s residence located in the Osan City F, the victim avoided the Defendant without any particular reason, and sent the victim’s cell phone pictures of sexual intercourse that were previously taken by the victim, and threatened the victim with the message “assumptive to be sent.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of a message photograph, sexually related photograph;

1. The point of taking pictures of criminal facts by using the corresponding legal camera for the punishment of sexual crimes: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 283 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Where a conviction against a defendant is finalized in relation to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a related agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to 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.

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