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(영문) 창원지방법원 마산지원 2017.07.12 2017고단363
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, from around 03:10 to 03:50, the Defendant took a dynamic image with the Defendant and the victim’s sexual intercourse for five times in total, such as taking pictures for 03:09 to 30, for 03:09:30, for 03:26 to 03:23, for 03:4:47 to 03:47, for 03:47 to 03:47, and for 03:46:49 to 46:49, for 05 to 03:49, for 03:49 to 46:49, for five times in total, for five times in total.

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 court;

1. Stenographic records of G statements;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation (referring to the photographing of sexually related video images);

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction is finalized on the facts constituting a sex offense subject to registration and submission of new information, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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