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(영문) 수원지방법원 안산지원 2013.11.13 2013고단1883
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around January 2013, the Defendant took a photograph of the victim C (the age of 22) who was a son in a burine located in Sinsa City, from a toilet, and viewed the burine as a Handphone of the Defendant.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

2. Penalty surcharge of 1,000,000 won to be suspended; and

3. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse.

4. Article 59(1) of the Criminal Act of the Suspension of Sentence (the confession and rebuttal of the crime in this case, the victim and the defendant were in conflict with each other, the victim did not want the punishment of the defendant from the investigative agency, the victim was present in this court, and the defendant was wanted to be placed in the court, and other circumstances of this case and the victim's position, etc.) Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Registration of Personal Information provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration,

However, this court has a duty to suspend the sentence of the defendant, and the defendant is obligated to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

The exemption from the disclosure order or notification order is due to the age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order.

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