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(영문) 광주지방법원 순천지원 2016.01.06 2015고단2137
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 14:23 on June 14, 2015, the Defendant taken pictures of buckbucks or sucks of women in total 112 times from around that time to August 12, 2015 using the Defendant’s mobile phone photographing function of the Defendant’s cell phone shooting.

Accordingly, the defendant taken the body of another person who may cause a sense of shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Each photograph;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Where a conviction on a sex offense subject to notification to be registered 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 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, 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, no order of disclosure or notification shall be issued to the defendant.

The defendant has taken the body of a female for a considerable period of time.

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