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(영문) 수원지방법원안산지원 2020.09.25 2020고단3107
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 12:13 on July 24, 2020, the Defendant tried to operate the Defendant’s smartphone camera function and to photograph the body of the body of the victim by extending back the hand under the victim’s body under the part of the body of the victim. However, the Defendant did not take a photograph and attempted to do so because it did not do so. The Defendant did not take a photograph on the part of the execution pressing.

Accordingly, the defendant tried to take and attempted to take the body of the victim who could cause sexual humiliation or shame by using smartphone cameras.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police record of seizure of the statement of the defendant concerning D's legal statement, and the investigation report of the list of seizure (on-site CCTV images);

1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused 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 the competent agency

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage 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 protection effect of the victim, etc., the punishment of sexual crimes, etc. shall be imposed.

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