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(영문) 대구지방법원 경주지원 2016.08.17 2016고단44
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 19, 2015, the Defendant became aware of the victim B (n, 23 years of age) at the drinking place, and became aware of it, and became to teach the victim from that time.

On March 2015, the Defendant: (a) requested the victim to contact with the victim to send a photograph of her chest to the victim; (b) received three photographs of her chest from the victim to keep them in custody by telephone.

On May 4, 2015, the Defendant: (a) notified the victim of the objection from “D” located in “D” located in “YY-si; and (b) posted three copies of the above photograph to “PY-si” by using a telephone phone to which the victim was informed of the objection.

Accordingly, the Defendant displayed openly pictures taken of the body of the victim who could cause sexual humiliation or shame against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of each police statement protocol concerning B;

1. Four copies of the photograph;

1. Application of Acts and subordinate statutes to investigation reports (the act of slandering a victim who posted his/her page to North Korea, and the confirmation of photograph);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (2) 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 all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

Criminals subject to the registration of personal information.

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