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(영문) 대전지방법원 홍성지원 2013.11.19 2013고단715
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 30, 2013, around 19:40, the Defendant reported that the victim E (here, 19 years of age) passed ahead of the “Dbucker,” which is located in Boli-si C, and made a video and photograph of approximately 20 seconds of the victim’s bucks, which may cause a sense of sexual shame against the victim’s will, on the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs, such as damaged sites;

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. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act on Special Cases Concerning the Registration and Submission of Personal Information (Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) provides that a person subject to registration of personal information becomes final and conclusive after a conviction on the criminal facts in the judgment that constitute a sex offense subject to registration becomes final and conclusive, where a conviction on the criminal facts subject to registration becomes final and conclusive.

However, this court has a duty to suspend the sentence of the defendant, and the defendant is obligated to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.

The age, character and conduct, risk of recidivism, type and motive of the crime of this case, the process of the crime, seriousness of the crime, the degree of disclosure order or notification order of the defendant's disadvantage and expected side effects.

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