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(영문) 전주지방법원 군산지원 2017.10.20 2017고단842
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on April 19, 2016 on the 27th of the same month to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Military Accounting Support of the Jeonju District Court (use and photographing of a camera, etc.) and the judgment became final and conclusive on the 27th of the same month

[2] On June 3, 2017, around 11:17, 201, the Defendant discovered that the Defendant 101 side of the 101 unit of the 101 unit of the 15 unit of the 101 unit of the 101 unit of the 101 unit of the 15 unit of the 15 unit of the 3 unit of the 3 unit of the 3 unit of the 3 unit of the 3 unit of the 3 unit of the 3 unit of the 3 unit of the

Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual shame by using a mobile phone with a camera function against his will, but attempted to take the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A photograph of CCTV for crime prevention [the report on the results of digital evidence analysis shows that it was not actually taken due to the impossibility of being known at the time of the instant case, and no other evidence exists to prove that the images have been stored in a cell phone information storage device, etc.];

Application of Statutes

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of a sentence of imprisonment;

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

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Juveniles from Sexual Abuse becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is subject to Article 43 of the same Act.

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