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(영문) 대구지방법원 서부지원 2014.10.30 2014고단1238

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2014, at around 22:27, the Defendant: (a) taken the panty pande, etc. using his own cell phones from around 13:43 to June 22:35, 2014, using the victim’s cell phones in total 33 times in the table of crimes, in a total of 33 times, the Defendant taken the panty pantyty, etc. of the victims, respectively, by inserting their cell phones in front of their cell phoness located in the front of the victim B (V, 18 years old).

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigative reports (verification of dynamic images stored in the seized objects and append photographs to them), photographs, and the application of Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes; Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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, the accused is obligated to submit personal

In light of the circumstances such as the defendant's power to issue an order to disclose or notify personal information, there are special circumstances that may not disclose or notify personal information.