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(영문) 광주지방법원 목포지원 2017.09.08 2017고단547
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

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 March 2, 2017, around 15:30 on March 2, 2017, the Defendant reported that the victim E (n, 28 years of age) was going to a toilet, and sought to take the cell phone (LG-G2) located in the camera with the victim’s cell phone (LG-G2) with the victim’s body, which might cause a sense of sexual shame of the victim, by photographing the victim’s body with the above screen image, and by photographing the victim’s body with the boomed screen, the Defendant attempted to take the body part of the victim’s body, which could cause a sense of sexual humiliation against the victim’s will. However, the Defendant was aware of the victim and attempted to take the body part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs, investigation reports (in relation to requests for the analysis of digital evidence, replies and analysis), and the application of statutes on seizure records;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

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 Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.

If a conviction is finalized on the instant criminal facts, the Defendant who registered personal information constitutes 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 thus, the competent agency pursuant to Article 43 of the same Act.

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