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(영문) 대구지방법원 2017.11.21 2017고단5348

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2017, around 14:09, the Defendant taken physical parts of the victim, including the victim’s panty, panty, and bridges, using the victim’s panty function as the camera of the mobile phone, using the victim’s panty and bridges from July 17, 2016 to 14 times in total, as indicated in the list of crimes in the separate sheet of crimes.

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. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A list of each seizure record (Handphones and softs) and each seizure list;

1. On-site report (the analysis and attachment of CCTV inside a sing practice place) -CCTV CDs, caps photographs, internal report (on-site photographs);

1. Investigation report (Attachment of a report on results of digital evidence analysis) - Reports on results of digital evidence analysis;

1. The application of the investigation report (the mobile phone analysis of the seized suspect), investigation report (the analysis and extraction of the seized suspect's file files for the storage of Nowon-gu) and the Acts and subordinate statutes on the list of crimes;

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

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. Where a conviction becomes final and conclusive with respect to a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the holding that a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act is a sex crime subject to registration, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.