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(영문) 광주지방법원 순천지원 2016.06.29 2016고단80
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant: (a) moved to EXF No. 22:35 on a day-to-day 22:35 on a day-to-day EX, EXF No. 5 on a 67-D seat; (b) discovered the victim E (the age 21) suffering from the 71 seat of the following seat of the Defendant when the said train is in operation between C-D stations; and (c) recorded the victim E (the age 21), which was in possession of smartphone (the model name: LG-F520S) with the recording function of the video of the victim’s panty and bucks for about two minutes, over two minutes.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

Application of the laws and regulations on video CDs to the defendant's legal statement victim E and witness F of each police's statement, photographs seized in the seizure protocol, video-recordings and video-recordings

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

4. Where a judgment of conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 48(1) of the Confiscation Criminal Act becomes final and conclusive, the Defendant becomes 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 Defendant shall submit personal information to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, risk of recidivism, motive, method and seriousness of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

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