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(영문) 대구지방법원 포항지원 2017.08.24 2017고단809

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was in possession of a victim C (V, 47 years of age) who was in a relationship with the Defendant at the home of the Defendant, No. 101, Nam-gu B B, Nam-gu, Nam-gu, No. 101, and who was in a relationship with the Defendant.

In addition, from May 24, 2017, from the time to May 24, 2017, the victim's body was taken by using the cellphone camera, and the victim's body was taken 6 times in total, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation and shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Application of each statute on photographs;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged, it is ordered to disclose to the accused.