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(영문) 수원지방법원 2013.12.19 2013고단5781
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2013, at around 23:29, the Defendant tried to take the image of the victim using a camera attached to a cell phone (LG optionsG) outside the area with a finger door, which had a cell phone (LG optionsG) outside the area, when the victim E (n.e., female, 19 years of age) entered to view a melting side.

However, it did not take a photograph with the wind that the mash victim finds a camera and runs away as it is.

Ultimately, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure of personal information shall not be announced pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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