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(영문) 부산지방법원 동부지원 2015.04.29 2015고단418
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On August 9, 2014, around 15:55, the Defendant entered the CC CB in Busan, Busan, with the first left side of the female-use toilets installed in the public toilets of both men and women inside the Kab, and put the Defendant’s mobile phone located in the Kamera into the Kamera, and then tried to photograph the victim’s body against the victim’s will, which might cause sexual health, in the 2nd female-use partitions, which is the form of the victim’s CD (n, 28 years old). However, the Defendant did not have the intent to take the victim’s body against the victim’s will, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of CDs;

1. Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Where a conviction of a defendant who shall submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order falls under 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 full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved therefrom, the preventive effect of sexual crime subject to registration, the effect of protecting the victim, etc. of the Defendant’s exemption from disclosure order and notification order, the Defendant is determined to have special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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