logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.09.04 2018고단1253
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 19, 2018, around 05:55, the Defendant listed the part of the victim E (M, 33 years of age) in the stairs of the Busan subway Station No. 1 located in Busan, Seoo-gu C, Busan, and took a video image using the cell phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the 112-Report processing slip, photographic, and screen images-fashion photographs;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to the disclosure order, the prevention of sex crimes that can be achieved due to such order, the protection of victims, etc., there are special circumstances in which the disclosure of personal information shall not be disclosed, and the special circumstances in which the employment restriction order shall not be issued.

Therefore, an order to disclose, notify, and restrict employment is not issued to the accused pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The crime of this case on the grounds of sentencing is one's own results.

arrow