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(영문) 부산지방법원 동부지원 2014.02.12 2013고단3161
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2012, 2012, the Defendant taken the victim’s body against his will by photographing the victim’s sexual part of his cell phone camera function by taking advantage of the gaps in which the victim’s wife E (n,e.g., 54 years of age) living separately in the D Inn't room located in Nam-gu Busan Metropolitan City, Nam-gu, the Defendant took the victim’s body that could cause sexual humiliation or shame.

2. On August 21, 2013, around 13:50 on August 21, 2013, the Defendant provided a victim’s negative photograph taken with the Defendant’s mobile phone by transmitting the victim’s negative photograph to the F’s cell phone, his/her parent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of E and F;

1. Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the victim E has been agreed,

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration 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 the chief of the competent police station (Provided, That where a person subject to registration is confined in a correctional institution or a medical treatment

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, the degree of disadvantage of the defendant resulting from the disclosure order.

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