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(영문) 대전지방법원 천안지원 2015.12.10 2015고단1770
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On June 2, 2015, at around 14:25, the Defendant taken the body of another person against his will that could cause sexual humiliation or sense of shame by photographing the body of the victim C (the age of 24) who takes shower in his/her bath room, and the body of the victim C (the age of 24) who takes the body of the Defendant’s cell phone camera at his/her bath.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Evidential photographs of each evidence;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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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