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(영문) 부산지방법원 2014.05.21 2014고단2733
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 25, 2014, at around 09:10, the Defendant followed the victim E (n, 13 years old), F (n, 13 years old), and 13 years old. On March 25, 2014, the Defendant informed the victims by providing tobacco “packers of tobacco, where a cigarette is sold, where a cigarette is needed, telephone, and so on.” The Defendant taken bucks or bucks of the victims, which might cause sexual humiliation or sense of shame, by operating mobile phone image function between the victims of tobacco.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements (E), records of statements (F);

1. Application of Acts and subordinate statutes to an investigation report (Attachment, such as a photograph of a cellphone image and a caps);

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. Where a judgment on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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