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(영문) 창원지방법원 통영지원 2017.02.10 2016고단1927
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 16, 2016, the Defendant, at around 01:00, performed drinking together with the Victim D (Inn, 29 years of age) in C penta located in B, the Defendant, while drinking together with the Victim D (Inn, 29 years of age), taken two parts of the Victim’s bridge under the influence of alcohol against the Victim’s will by using the Defendant’s mobile phone, and taken two times against the Victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act is not good in light of the means and results of the crime in this case, but there is no criminal record of the suspension of execution or any

(3) Other factors such as the details and motive of the crime

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 relevant agencies pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.

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