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(영문) 대구지방법원 김천지원 2019.02.27 2018고단1261

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for four 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 July 2, 2018, at around 12:18, the Defendant: (a) had been working at the C funeral hall located in Gumi-si B; (b) had a woman’s photograph entering the side partitions of his official toilet, waiting for committing a crime; (c) had a female victim’s body part of the victim’s body, i.e., using the camera function of his smartphone’s smartphone, in which it is impossible to know at that time, taken a photograph of the victim’s body part of the victim’s body, i.e., showing a meltion from the off through the partitions, from that time until October 7, 2018.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mechanical devices against their will.

On July 2, 2018, the details of the crime committed by the victim at the temporary location of the victim on July 2, 2018, at around 12:18, the defendant " " " on September 12:30 on September 19, 2018, 4:37 on September 18, 2018, 5:4 " " on September 20:48:48 on September 18, 2018, 6:4 " " on October 14, 2018, 200: 3:5:56, July 15, 2018, 2018, where the victim's body part of the body of the victim, who is viewed as melting in the side column by using smartphone camera functions under the bottom of the partitions. < Amended by Presidential Decree No. 29000, Oct. 15, 2018; Presidential Decree No. 24200, Oct. 26, 2018>

1. Defendant's legal statement;

1. Statement made by the police in relation to E and D;

1. Statement of seizure of each police;

1. Dogs and closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV analysis and photograph attachment);

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (hereinafter referred to as the “Sexual Crimes Punishment Act”);

1. Selection of each sentence of imprisonment with prison labor (in consideration of the records, frequency, etc. of the suspension of indictment for a crime of the same kind);

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

1. The same kind of suspended execution under Article 62(1) of the Criminal Act;