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(영문) 창원지방법원 2020.01.17 2019고단3318
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

On June 9, 2019, at around 19:57, the Defendant: (a) carried out the Defendant’s cell camera function in front of the space for women’s exclusive use of men and women in the “C,” located in the G 1st underground floor in Kimhae-si, Kim Jong-si, and (b) recorded the Defendant’s cell phone with the front door of the space for women’s exclusive use, and (c) taken the victim’s D (n, 21 years of age) whose body was reported in the space for women’s exclusive use.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using the cellular phone function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 16 (4) and (4) of the Act

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment on the crime subject to the registration and submission of personal information under Article 48(1)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

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and expected side effects of the Defendant therefrom, etc., the Defendant’s personal information is determined to be disclosed and notified or the Defendant’s personal information should not be ordered to be placed in a child or juvenile-related institution, etc. and welfare facilities for the disabled. Therefore, the punishment of sexual crimes is etc.

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