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(영문) 울산지방법원 2014.02.20 2013고단3967
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

At around 19:10 on October 24, 2013, the Defendant taken the body of the victim D(37 years old), and the victim E(18 years old) using the digital camera prepared in advance by pressing the body of the women using the body of the women using the body in Ulsan-gu B, Ulsan-gu. In order to take the body of the women using the place, the Defendant taken the body of the victim D(the victim, 37 years old), and the victim E(the victim, 18 years old) using the digital camera prepared in advance.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the seizure protocol, seized articles and on-site photographs and written statements;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition by comprehensively taking account of all the circumstances such as the contents and characteristics of the sex offense of this case, the method of committing the crime, the contents of photographing materials, and other circumstances, including the character and conduct of the defendant, the character and conduct, occupation, family relationship, and the situation after committing the crime, etc., which are not accompanied by direct physical contacts, and are considered as having no record of qualification suspension or higher than that of the defendant for the reason of sentencing, considering the favorable circumstances for sentencing and the fact that the registration of personal information in this case can prevent recidivism to a certain extent.

Where this judgment becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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