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(영문) 전주지방법원 정읍지원 2018.09.18 2018고단266
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant, under the implied consent of the victim B (a), taken a sexual intercourse between himself/herself and the victim as a dynamic image, and was in custody of his/her cell phone. On April 19, 2018, the Defendant sent three copies of the above images to D’s cell phone without obtaining the consent of the damaged party, which copied a part of the above images with the intent to present the relationship between himself/herself and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B (tentative name) and D;

1. Application of Acts and subordinate statutes to a mobile phone closure photograph;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of imprisonment with prison labor;

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, history of crime, risk of re-offending, type of crime, motive, process of crime, disclosure order or notification order of personal information disclosure or notification order can expect that the defendant's effect of preventing re-offending can be expected even on the basis of the defendant's age, occupation, record of crime, risk of re-offending, the degree of disadvantage and expected side effects of the defendant's disadvantage due to the crime of this case, prevention of sex crimes that can be achieved by such order

In light of the overall consideration of the fact that there are special circumstances in which disclosure of personal information shall not be disclosed.

Therefore, it is determined.

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