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(영문) 인천지방법원 2015.04.29 2014고단7528
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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

On August 16, 2014, at around 11:30, the Defendant taken pictures against the victim’s body body that could cause a sense of shame by using a mobile phone camera on the left side knee, in the direction of the victim C (n, 21 years of age) at the Gyeong-gu, Incheon, Bupyeong-gu, Dongampare, Incheon, and around 10, the Defendant took pictures of the victim’s legs and knee in using the recording function, as shown in the attached list of crimes, from July 28, 2013 to August 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to photographs of the sequences by crime sight list, and reports on the analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Where a conviction of a defendant against a sexual crime subject to the obligation to submit personal information under Article 48(1)1 of the Confiscation Criminal Act is finalized, 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 is obligated to submit personal information to a related agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the protection of victims.

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