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(영문) 수원지방법원 성남지원 2016.12.20 2016고단2759
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2016, at around 21:51, the Defendant taken a video image of the victim’s abundance, who might cause sexual humiliation against the victim’s will on his name, taking advantage of the Defendant’s gallon function of J7 Smartphone, using the Defendant’s gallon function in Seongdong-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of seizure records, photographs, motion picture CDs-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture are confessions and reflects the depth of the defendant. However, considering the fact that the defendant was sentenced to a fine in 2014 and 2015 for the same kind of crime, even if he/she was sentenced to a fine in 2014 and 2015, it is difficult to prevent re-offending by fine, so it is so decided as per Disposition

Where a conviction becomes final and conclusive on a crime stated in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration to be achieved, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified.

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