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(영문) 창원지방법원 2017.05.23 2017고단227
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

On October 1, 2015, the Defendant, at the early 02:00 Changwon-si, taken pictures against the victim’s will, after drinking alcohol with the victim D (n, 23 years of age) and entering the Felster, E, which could cause sexual humiliation or shame by using his cell phone camera function, after drinking alcohol with the victim D (n, 23 years of age).

Summary of Evidence

Application of the police statement protocol D to the defendant's legal statement D to the victim's photographic statute

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes (Selection of Imprisonment);

2. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the injured person does not want the punishment of the accused and has no criminal record

3. Where a conviction against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant 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 same Act

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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