2014 Highest 3144 - 1 (Separation) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Use and photographing of cameras, etc.)

황◆◆ ( 92년생 , 남 ) , 대학생

Gangnam-gu Seoul residential

Seoul Reference domicile

Newly Inserted by Presidential Decree No. 2010, Dec. 1, 201>

Attorney Civil Semesters

October 16, 2014

A defendant shall be punished by imprisonment for not less than six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On August 2013, 2013, the Defendant taken the body of the Victim Mo○○ (Min, 21 years old) using smartphones with the inner function of the Kameras in the cross-discilized telephones, without the consent of the victim.

On October 10, 2013, around October 10, 2013, around 2013, posted a photo of the body on the Internet following the car page, with the display of the photo of the body in public against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to an officer ○○;

1. Efag course photographs, text messages;

1. A report on the analysis of digital evidence;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 14(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Selection of penalty;

Imprisonment Selection

1. Order to complete a program;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Registration of Personal Information

Where a conviction of a defendant against a sexual crime subject to registration is finalized, the defendant shall register personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Since the winners are the winners, they are obligated to submit personal information to the relevant agencies pursuant to Article 43 of the same Act.

Disclosure Order or Exemption from Notice Order

The defendant's age, occupation, risk of repeating a crime, type, motive, process, result, and seriousness of the crime of this case, and the degree of disadvantage and anticipated of the defendant's injury due to the disclosure order or notification order.

In light of side effects, the prevention effect of sexual crimes subject to registration that may be achieved thereby, and the protection effect of victims, etc., it is determined that there are special circumstances in which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order to disclose or notify information is not issued

Reasons for sentencing

Although there was a mutual agreement with the victim, taking into account the fact that the victim's act of posting the victim's balm photographs, etc., which were caught by his balked bals on the Internet by disclosing them to the affiliated university and name, etc., was considerably significant, and that the damage therefrom is not likely to be caused (the victim seems to have taken away from Korea due to the instant case and went abroad to China), the punishment against the defendant shall be set by six months.

judge Lee Jae-chul,