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(영문) 대구지방법원 서부지원 2017.11.30 2017고단2463

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 27, 2017, the Defendant asked the location of the victim E (V, 23 years old) who is a restaurant customer, while working at the D branch located in the 2nd floor of Daegu City, Seogu, Daegu, the 2017 Incheon Metropolitan City C commercial building on March 27, 2017.

According to the victim's behind, the defendant, who entered a female toilet with a camera function, taken the victim's appearance against his will that could cause sexual humiliation or sense of shame by inserting 5 smartphones into the toilet partitions where the victim reported the melting side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the police seizure protocol and each photographic statute;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the following: (a) the Defendant’s age, sex, intelligence and environment; (b) motive, means and consequence of the commission of the crime; and (c) the sentencing conditions, such as the following: (a) the Defendant’s age, sex, intelligence and environment; (b) the Defendant’s motive, means and consequence of the commission of the crime; and (d) the Defendant’s conditions for the commission of the crime; and (c)

In light of the fact that the Defendant is the primary offender and the Defendant is exempt from an order to attend a course or order to complete a program, it is deemed that there are extenuating circumstances where the Defendant is unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Thus, no

Where a conviction against a defendant becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration.