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(영문) 수원지방법원 안산지원 2016.12.07 2016고단4182
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

Criminal facts

The Defendant, from the Habman to the early police officer of early 2013, set up a smartphone with the victim F (at the time of 20 years old) as a video camera to take a sexual intercourse with the victim F (the victim's age at the time of 20) in the non-permanent guest room near E near E located in Sinti City, and taken the body of the victim who could cause sexual humiliation or shame against his will by means of sexual intercourse with the victim, after installing it on the part of the cremation box facing the above guest room.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006)

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 lecture;

1. If a conviction of a sex offense subject to registration and submission of personal information becomes final and conclusive under Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, 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 (no disclosure and notification of personal information shall be made, taking into account the initial offender, age, family relationship, the outline, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concern

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