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(영문) 광주지방법원 순천지원 2019.10.21 2019고단1553
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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 April 23, 2019, at around 16:49, the Defendant, at the Defendant’s dormitory located in Seopopopo City B apartment C, tried to take a fluoral relationship with the victim D (In addition, 22 years of age) by using the gap between the victim and the toilet in order to take a sexual intercourse with the victim, the Defendant divided the Defendant’s mobile phone camera photographer in order to take a sexual intercourse with the victim by using the gap between the toilets, and then, the Defendant attempted to take a fluoral relationship with the victim from the toilet so that the part of the fluore is expected to take a cell phone on the face of the contact with the victim, and attempted to take a fluoral relationship with the victim, but attempted to take the fluoral part on the wind known to the victim.

As a result, the Defendant attempted to photograph the body of the victim who could cause sexual humiliation or shame by using carmera or other similar devices against his will and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 62 (1) of the Criminal Act;

1. In unfavorable circumstances where the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not agreed with the victim, the punishment of this case shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, etc. in favor of the primary offender, and other various sentencing conditions, such as the defendant's age, character and conduct,

Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to Article

The age, occupation, family environment, and society of the defendant exempted from the disclosure order, notification order, and employment restriction order.

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