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(영문) 인천지방법원 2014.05.28 2013고단7327
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 20:00 on September 26, 2013, the Defendant discovered the victim C (n, 16 years of age) who was waiting in order to cut the way on the crosswalk prior to the exit of 920-2, Gyeyang-gu, Incheon Gyeyang-gu, Incheon, and taken 43 times of mobile phones from May 23, 2013 to September 20, 2013, including the detection of her but not limited to her but not limited to her, using a mobile phone.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mobile phone against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a photograph of a dynamic image of crime (46 cases);

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) concerning the relevant criminal facts and the selection of punishment for each of the previous types of sexual crimes (amended by Act No. 11556, Dec. 18, 201) and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (amended by Act No. 1156, Dec. 18, 201; taking pictures using each camera number 1 and 2)

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

1. Where a conviction of a defendant against a sex crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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

An order to disclose or notify the registration information exempted from disclosure or notification order needs to be careful in that it may have a significant impact on the defendant, and in this case, the effect of preventing recidivism by the defendant is to some extent only on the registration of personal information.

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