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(영문) 창원지방법원 진주지원 2015.08.13 2014고합174
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

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

Defendant

A around 13:10 on September 14, 2013, at around 13:10, the Defendant B sealed his sexual organ into the negative part of the victim F (the age of 17) in a container located adjacent to the Defendant B’s house located adjacent to the Defendant B’s sexual organ and sealed the victim’s negative part into a mobile phone camera, and the Defendant B taken the victim’s sexual organ into a cell phone camera image.

Accordingly, the defendant A, in collusion with the defendant B, taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera, against his will.

Summary of Evidence

1. Defendant B’s legal statement

1. The statement of the victim recorded in the victim's video recording CD;

1. Results of digital evidence analysis and cellular phone CDs;

1. Application of Acts and subordinate statutes to report internal investigation (digital evidence analysis result);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and subparagraph A of the option of punishment: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 30 of

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “contributing circumstances favorable to the following sentencing grounds”);

1. Defendant A: The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Defendant A exempted from disclosure order and notification order: The Defendant has no record of committing the instant crime prior to the instant crime; the circumstance that the background of the instant crime or the record was revealed in the process of the instant crime, and there is a habit of sexual assault crime against the Defendant.

It is difficult to readily conclude that there is a risk of recommitting a sexual crime, and in this case, the registration of personal information and taking lectures in the treatment of sexual assault can expect the effect of preventing recidivism by the defendant, and other benefits expected from the defendant's age, occupation, family environment, social relationship, background of the instant crime, disclosure order or notification order.

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