logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2014.09.17 2014고단1006
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Alopon 4S (A1387) seized shall be forfeited from the defendant.

Reasons

Punishment of the crime

On May 26, 2014, at around 23:40, the Defendant: (a) taken the victim E (the age of 20) against his will using the Defendant’s mobile phone camera image recording function of the cell phone camera, and used the Defendant’s mobile phone camera image recording function, where the victim E (the age of 20) who was the motive of the university, who had drinking together in the sixth floor toilet of the building D “D” located in Nam-gu Busan Metropolitan City.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including a fine of 1,00,000, 1000, 1000, 200, 200, and the victim does not want the punishment of the defendant);

1. Article 48(1)1 of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to be submitted to a person subject to registration becomes a person subject to registration of personal information when a conviction on a sex offense in the judgment becomes final and conclusive

However, this court has a duty to submit personal information to the competent authority in accordance with Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the protection of the victim.

arrow