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(영문) 대구지방법원 서부지원 2018.12.11 2018고단1879

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

Punishment of the crime

On September 5, 2016, the Defendant entered the entrance in the male toilets in Daegu Dong-gu C, Daegu Dong-gu, and opened several entrances, and used the egal lusium jum jum (No. 1), the Defendant owned the Defendant’s body of the non-victim of the name and the body of the non-victim of the victim’s name, who was urinald in the urinals flag, using the elus (Evidence No. 1) camera.

In such a way, the Defendant taken photographs of the body of victims against their will, as indicated in the list of crimes, from September 5, 2016 to March 17, 2018, which might cause sexual humiliation or humiliation by using S7 mobilephones during a total of seven times, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Chapter 15, such as photograph of the place of crime, photograph 11, CD 1 of this case, report on the results of digital evidence analysis, five copies of illegal photographing photographs, one CD 1 of videos, on-site verification of leisure, and a comparison photograph;

1. An investigation report (related to video images, etc. inside the Eph Kim Pool, relation to the confirmation of contribution, and the date, time and place of contribution to the crime);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on each of the facts stated in the judgment that constitutes a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a competent agency pursuant to Article 43