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Reasons
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(영문) 부산지방법원 2013.10.23 2013고단3522
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 4, 2011, the Defendant was sentenced to a suspended sentence of two years and six months, due to an indecent act by force at the Incheon District Court’s Branch Branch, and was sentenced to a suspended sentence of three years and six months on November 12, 201, and the judgment became final and conclusive on November 12, 201.

1. On May 2013, the Defendant took pictures against his will, from around 20:00 to around 22:00 of the same day, the victim E (the 45 years old) and sexual intercourses with the victim E (the 45 years old) under Article 403 of the D Building, a residence of the Defendant located in Busan East-gu, Busan-gu, and the victim took pictures of the victim’s sexual organ, which could cause a sense of sexual shame by using his cellular phone, where the victim is under the influence of alcohol, from around 20:0 to around 22:0 of the same day.

2. On June 19, 2013, around 22:30 on June 19, 2013, the Defendant: (a) discovered that a female’s house was put on a shower room in F of the victim G (n, 26 years of age) located in F of the Busan East-gu; (b) and (c) invaded the victim’s house into the front of the small window boomer window boom in order to see the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 319 (1) of the Criminal Act concerning the crime (the occupation of intrusion upon residence)

1. Selection of each sentence of imprisonment;

1. Where the conviction of a defendant against a sex offense subject to the registration of personal information under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is finalized among concurrent offenders, the defendant 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, is the same.

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