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(영문) 부산지방법원 2014.06.18 2014고단2502
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 13, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Busan District Court (hereinafter referred to as "Camera, etc.") and the suspended period becomes final and conclusive on November 21, 2013, and is currently in the grace period.

On December 2, 2013, at around 09:42, the Defendant operated the Defendant’s smartphoneless music app with the Defendant’s smartphone in the back of the victim C (n, 23 years of age) located in the old subway station located in the Northern-dong of Busan, and marked the body under the part of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. Previous convictions in judgment: Impositions of dispositions, confirmations and reports on results, and application of Acts and subordinate statutes to investigation reports (reports on the final date of judgment);

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to a competent agency pursuant to Article 43

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated 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 that may be achieved therefrom, and the effect of protecting the victims, etc., 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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