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(영문) 수원지방법원 안양지원 2014.08.29 2014고단800
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 May 9, 2014, at around 23:50, the Defendant taken a photograph of the parts of the c (n, 21 years old) the victim C using the pent-type ccamcam scam scam in the train platform of subway No. 4 located in the Sinpo-si 750 of the Sinpo-si, Sinpo-si.

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. A written statement prepared in C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Probation under Article 62-2 of the Criminal Act;

1. The sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Defendant who registered his/her personal information is inappropriate, and the Defendant committed the same kind of crime on May 20, 2013 and was sentenced to a fine on August 14, 2013, and the Defendant again committed the same crime after being sentenced to a fine, and the circumstances after committing the crime are not good. The Defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the above Act, considering the following: (a) he/she is sentenced to six months of imprisonment; (b) he/she is used by the victim; and (c) he/she is not required to repeat the crime; and (d) 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.

However, the defendant does not commit a second offense, it is judged that the registration of personal information alone has the effect of preventing recidivism to a certain extent, and the benefits and prevention expected by the disclosure order or notification order.

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