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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단3099
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 August 28, 2014, at around 19:50 on August 28, 2014, the Defendant taken the body of the victim, who could cause a sense of shame by photographing the body of the victim by using a camera attached to the Defendant’s galthal galthot 2 mobile phone, after the victim’s name, who suffered a short galthro of galthal galthical flus, located in the U.S. region of Gangseo-gu Seoul, 3 U.S. region.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 48(1) of the Confiscation Criminal Act, 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant

The video taken by the defendant for the reason of sentencing causes a sense of sexual humiliation.

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