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(영문) 의정부지방법원 2016.04.04 2015고단3539
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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 July 13, 2015, at around 18:56, the Defendant was going to the direction-setting stairs of the police line in the C B, the Defendant, using the Defendant’s mobile phone camera, taken video images of a female victim’s bridge and spawn for about 43 minutes against her female will.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a mechanical device with a camera function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of seized articles analysis photographs);

1. Relevant legal provisions on criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of imprisonment or imprisonment;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the accused has the same criminal records; and (b) the accused’s age, sex, and circumstances after the commission of the crime; and (c) the sentencing conditions that are disadvantageous to the accused are considered and determined as ordered.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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

When considering the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the protection of the victim, the personal information is personal.

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