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(영문) 수원지방법원 안산지원 2015.07.08 2015고단1269
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

Although the body of another person, which may cause sexual humiliation or shame, is not taken against his will using a camera or other similar mechanism, the defendant, at around 17:00 on March 15, 2015, had sexual intercourse with the victim C (n, 33 years old) who was under contact with the defendant about to get a taxi driving around that time, and had sexual intercourse with the victim C (n, 33 years old) who was in possession of the defendant, and taken the part and balth of the victim's cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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 on the suspension of execution (see, e.g., that the defendant is led to confession and reflect, and that the defendant has no previous record of punishment exceeding the fine);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Where a conviction of a sex offense subject to registration and submission of personal information becomes final and conclusive, as provided in Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure and notification of personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which shall not disclose and notify the personal information, taking into account the previous absence, age, family relationship, previous circumstances, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the

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