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(영문) 전주지방법원 군산지원 2017.05.12 2017고단216
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

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, against the latter's will, or provide him/her with such photographs, using a camera or other similar mechanism.

Nevertheless, at around 01:35 on July 24, 2016, the Defendant had sexual intercourses with the victim B (n, 33 years old), using the victim's camera function in the cellular phone used by the victim, taken two photographs of the victim, such as the surface inserted into the victim's sexual organ in the victim's sexual organ and the head of the victim's sexual organ unfolded down his sexual organ against the victim's will, and transmitted the photograph to the victim's sexual friendly phone C's cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against B and C;

1. Recording notes;

1. A report on the results of analysis of digital evidence;

1. Application of statutes, such as photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the Act on Special Cases concerning the Punishment

The defendant's age, occupation, criminal record and risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order, can be achieved.

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