logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.15 2016고단4545
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On 18:00 around 18:21, 2016, the Defendant taken the part of the victim’s panty panty and tampas in the form of panty in which the victim’s panty and tampas might cause sexual humiliation or sense of sexual shame by inserting smartphones inside the Kameras into the bridge of the victim E (n.e., 23 years of age) and inserting them into the bridge of the victim E (n.e., the 23 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (including the fact that a person commits an offense is divided and reflected, the fact that there is no record of criminal punishment, the fact that a victim does not take a second offense, such as receiving a mental therapy, etc.) of the suspended sentence, becomes 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, in cases where a conviction becomes final and conclusive with respect to the crime in which personal information is registered, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering from the disclosure order or notification order, and the preventive effect of the sexual crime subject to registration that can be achieved therefrom.

arrow