beta
(영문) 대구지방법원 2015.12.22 2015고단4371

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant, using a mobile phone owned at 13 times in the radius of half-month of 2100 subway stations in Daegu Jung-gu, Daegu as of April 24, 2015, including taking photographs of the eavess of the victim B (the name, leisure, 30 years of age) using a mobile phone located at 13 times in the radius of 2100, as shown in the list of crimes in the attached Form.

4. Until 24. Around 14.24. The victims’ fats were recorded in video images at a half-month station and a wintered area.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A seizure record, a seizure record, and a list of search and seizure;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a fix of spawned images).

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act and the Selection of Punishment, etc.;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as Probation, Order to attend education or community service;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused 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 Article 43

When considering the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc. comprehensively.