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(영문) 인천지방법원 2014.08.20 2014고단4466
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 June 7, 2014, from around 22:30 to around 00:30 the following day, the Defendant installed a super-small-sized USB camera at the seat of a toilet for both men and women at the Namdong-gu Incheon, Nam-gu, Incheon, and taken pictures against his/her will, in order to satisfy his/her sexual desire, of video products produced by many and unspecified persons who use toilets and women's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (Attachment to materials), investigation reports (USB verification reports);

1. Application of statutes on field photographs;

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, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the confession and reflect of the crime committed by the defendant, and

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 conviction of a defendant against a sex crime subject to the obligation to submit personal information under Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to a related agency in accordance with

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with 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.

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