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(영문) 창원지방법원 2016.09.06 2016고단2012
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On May 21, 2016, at around 11:10, the Defendant taken a photograph of physical parts, such as the victim D (name, leisure, age 27) who could cause sexual humiliation or shame, using a mobile phone camera in his/her possession, without the consent of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Seizure records;

1. Application of Acts and subordinate statutes to response results from digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the punishment of a violation and a fine for a violation of this Article, considering that there is no past record of criminal punishment, not only once);

1. Where this judgment becomes final and conclusive with respect to the registration of personal information under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police office

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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