logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.28 2014고단9667
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A 23 years of age (n) is a beauty artist working at the "C" located in the gold-gu Busan Metropolitan Government.

On May 8, 2014, at around 03:00, the Defendant took a photograph of the victim E (19 years of age, female) body, which may cause sexual humiliation, within 101-705, 101-dong 705, Busan Jin-gu, Busan, and also could cause sexual humiliation, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on police statement;

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;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (in cases of conversion into 100,000 won per day) of the Criminal Act to detention in a workhouse;

1. Where a judgment on the registration of personal information becomes final and conclusive in accordance with Article 59(1) of the Criminal Act (see, e.g., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and the obligation to submit personal information to the competent authority under Article 43 of the same Act.

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

arrow