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(영문) 창원지방법원 2017.04.27 2016고단4411
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 September 4, 2016, in order to take a female body part of D2 floor in Kimhae-si, Kim Jong-si, around 2016, the Defendant discovered a victim E (n, 43 years old) who takes a frye and takes shopping in order to take the body part of the female body part of the victim's cell phone in the D2 floor D, which is located in Kimhae-si, and the Defendant taken a body part of the female body part of the victim's fye in total over 45 times from June 30, 2016 through the day from June 30, 2016 through the day from June 30, 2016, with digital video recording function.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

The application of the Act and subordinate statutes to report the completion of the police's statement report on the defendant's legal statement E (the attachment of photographs upon closure and the confirmation of the party to the suspect).

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

2. Selection of penalty penalty:

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

4. Article 62 (1) of the Criminal Act (i.e., the first offender and reflective facts).

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

6. Where a conviction against a defendant who has registered personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant shall be subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of crimes subject to disclosure order or exemption from notification order, punishment records, etc.

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