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(영문) 부산지방법원 2021.03.22 2020고단4571
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one month.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal record] On October 30, 2020, the Defendant was sentenced to 10 months of imprisonment with prison labor for forced indecent acts at the Busan District Court, and the judgment became final and conclusive on January 30, 2021.

[2] On April 29, 2020, the Defendant, a Vietnamese, boarded the bottom of the victim by using the cell phone camera function of a mobile phone that followed the victim, on the first floor of the F new line C located in Busan, Busan, Busan, on April 29, 2020, when the victim D (one name, half-year age, 26) was on board the ground in order to go up to the ground.

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

Summary of Evidence

1. Statement by the defendant in this court;

1. Images of the scene and photographs of the statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol with respect to D;

1. Previous convictions: Application of Acts and subordinate statutes in which criminal records, criminal investigation reports (Attachment of related cases), and case search are recorded;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 14 (1) of the former Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on which the relevant criminal facts are selected

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Where a conviction against a defendant is finalized in regard to the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 the defendant is obligated to submit personal information to a related agency in accordance with Article 43 of

The defendant's age, the type of crime, the process of crime, the records of crime, the social benefits expected by an order of disclosure and notification and an order of restriction on employment, and the effects of preventing sexual crimes and resulting persons.

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