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(영문) 창원지방법원 2016.08.11 2016고단1532
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From August 2015 to April 21:40, 2016, the Defendant taken the body of the victim against the victim’s will, at the D resting room located in Kimhae-si C, using his Samsungphone’s camera function. The Defendant taken the body against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (with respect to the attachment of restored female body parts, screen pictures and 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;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused shall be 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 shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose 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. Thus, the order for disclosure or notification of personal information is not issued.

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