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(영문) 대전지방법원 2017.05.24 2016고단4260
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a class 2 of intellectual disability, while attending a class C, which is a special school.

On October 17, 2016, the Defendant tried to photograph the booms, etc. of the victims of Samsung G, which were in possession of the victim F (M, 19 years of age) returning home in front of the E school sentiments in Daejeon, Daejeon, Daejeon, by using S2 smartphone camera, but did not go through the wind that the victim was aware of.

As a result, the Defendant attempted to take the body parts of the victim, which could cause a sense of sexual shame by using carmera or other similar devices, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the crime is divided and reflected, the fact that it is a disabled person of Grade II with intellectual disability, and the teacher in charge of welfare facilities after the instant case will thoroughly supervise the defendant.

(3) Such consideration as there is no past record of criminal punishment, etc.

1. Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered as stated in Article 48(1)1 of the Confiscation Criminal Act, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became 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).

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