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(영문) 대구지방법원 서부지원 2016.12.01 2016고단2020

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six years.

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 April 27, 2016, at around 09:00, the Defendant observed that the victim E (n, female, 19 years of age) who was administered to the said her her her her her kneel kneel and kneel kneel keling with his her clothes under the influence of alcohol. The Defendant taken two copies of the victim’s her her her her knee knee kneel by using the Defendant’s mobile phone camera function, and transmitted two copies of the above her her fe-gu her knee kne, such as F, at the same place on the same day.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will, and distributed the photographs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the analysis of digital evidence, - Two copies of restored biographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, and imprisonment with prison labor under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using a camera, etc

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession of a criminal act and the attitude against his depth); and

1. Where a judgment of conviction against a defendant on each of the criminal facts stated in the judgment to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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, and is obligated to submit personal information to a related agency pursuant to

The age and occupation of the defendant exempted from the disclosure or notification order, records of the crime, details and motive of the crime, methods and results of the crime, the disclosure order or notification order is expected to be disadvantageous to the defendant.