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(영문) 대구지방법원 2020.2.19. 선고 2019고단5018 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Cases

2019 Highest 5018 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Defendant

A

Prosecutor

Lee Woo-hee (Court of Second Instance), abnormal leaps (Court of Second Instance)

Imposition of Judgment

February 19, 2020

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 120 hours and attend lectures for the treatment of sexual assault for 40 hours.

Seized gallon jus 71) shall be forfeited from the accused.

Reasons

Criminal facts

1. Crimes committed on September 1, 2016;

On September 1, 2016, the Defendant taken a video image image of the victim's name in an irregular bus with Daegu or lower-gu, using the Defendant's smartphone, who suffered white stacks and spats with the Defendant's smartphones.

2. Crimes around May 25, 2019;

On May 25, 2019, the Defendant taken a photograph of the victim’s hophone in the influent bus around 11:25, using the Defendant’s smartphone to photograph the victim’s hophones.

3. Crimes committed on July 3, 2019.

On July 3, 2019, the Defendant taken photographs of the chest part of a female under the victim's name by using the defendant's smartphone in the lux bus around Daegu and below 18:28.

4. Crimes committed on August 4, 2019.

On August 4, 2019, around 15:25, the Defendant sought to screen screen pictures of the victim E (n.e., female, age 25) using the Defendant’s smartphone, but failed to achieve the wind that is discovered to other passengers.

Accordingly, the Defendant taken three times the body of a person, who may cause sexual humiliation or shame, using a camera or other similar mechanism, against the will of the person to be taken, and the Defendant attempted once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement prepared by the F;

1. Seizure records;

1. Photographs of the defendant;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Sep. 1, 2016; Imprisonment selection); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing camera, etc. and the choice of imprisonment); Articles 15 and 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The instant crime is committed by taking account of the following factors: (a) the Defendant was trying to take or photograph the horses, etc. of many victims of mobile phones; (b) the criminal liability is grave; and (c) multiple criminal records exist; and (d) the Defendant considered the grounds for sentencing favorable to the Defendant’s entire confessions; and (c) comprehensively taking into account all other circumstances, including the Defendant’s age, the details and attitudes of the crime; and (d) the circumstances after the crime, etc., the Defendant sentenced the same sentence as the disposition.

Registration and submission of personal information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, 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 is obligated to submit personal information to the competent authority

Disclosure Order, Notice Order, and Employment Restriction Order

In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the fact that the defendant can have an effect to prevent recidivism even with the registration of personal information and the lecture order for sexual assault treatment; and other circumstances such as disclosure order, notification order, social benefits expected by the employment restriction order, the effect expected by the order, the prevention of sexual crimes, and the disadvantage and anticipated side effects of the defendant, it is determined that there are special circumstances in which the disclosure or notification of personal information of the defendant, or the restriction on employment of the defendant, etc.

Judges

Judges, Superintendent of the National Assembly