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(영문) 수원지방법원 2017.06.15 2017고단2087
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2016, at around 15:15, the Defendant sent to D (the 21-year-old-old-old-old-year-old-old-si) a photograph of the body part of the victim taken by using a cell phone with the consent of the victim, who was not in contact with the victim C (the 46-year-old-old-old-year-old-old-old-old-old-old-old-si-old-si).

As a result, the Defendant distributed the body photographs of the victim who could cause sexual humiliation or shame by using camera or other similar devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photographs by capturing the content of E dialogue submitted by the victim;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. If a conviction on the crime of this case in relation to the registration and submission of personal information under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes, Article 16(2) and the main sentence of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, in full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and side effect that the Defendant may sustain due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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