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(영문) 부산지방법원 2015.07.16 2015고단1934
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 November 21, 2014, at around 20:39, the Defendant taken the body of another person, who might cause sexual humiliation or shame, by photographing the part of the sound and her part of the women who reported urine eight times from around 2014 to December 7, 2014, in the same manner as the Defendant written in the list of crimes in the attached Table, including where the sound and her part of the women who reported her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. A report on results of digital evidence analysis;

1. Application of Acts and subordinate statutes, such as site photographs and videos;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the reflectivity and the absence of force for the same kind of crime);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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