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(영문) 창원지방법원 2016.11.24 2016고단3148
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at the time of springing 2014, taken the victim’s sexual ties exposed to the victim’s sexual ties (e.g., the age of 43) at the time when he could cause sexual humiliation or shame by using his cell phone image recording function, within a room where the victim’s sexual ties (e.g., the age of 43) cannot be seen.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to criminal investigation reports (Attachment to images transmitted to the victim);

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 (i.e., the fact that the person has no record of criminal punishment, in addition to one time of a fine for a crime committed against this type);

1. Where this judgment becomes final and conclusive with respect to the registration of personal information under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be 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 accused shall be obligated to submit personal information to the head of a police office

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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