logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3656 (1)
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was a victim B (n, 23 years of age) and a year.

On September 2016, the Defendant taken a photograph of the victim's studio, which was in the victim's studio living together with the first floor of the Dong-gu, Seoyang-si and the second floor, as the mobile phone of the Defendant.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for each victim;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs attached to a written complaint (No. 29 pages);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant was living together with the victim at the time of photographing pictures and did not leak the above pictures, and the defendant appeared to have an attitude against the principal offender, and the victim voluntarily withdraws his/her complaint, and other factors considered comprehensively such as the appearance of photographs, the age of the defendant, sexual conduct, environment, and circumstances after committing the crime) of the Criminal Code, when a conviction on the facts constituting a sex crime subject to registration and submission of new information becomes final and conclusive, 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 under Article 43 of the same Act.

However, if a suspended sentence against the defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, and crime of this case.

arrow