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(영문) 대구지방법원 서부지원 2018.05.24 2017고단3182

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant served as industrial technical personnel of the company located in Daegu Seo-gu, and the victims are employees belonging to the above company.

On August 2017, 2017, the Defendant: (a) taken the body part of the Defendant’s Samsung Gallon’s jumal jum (n, 26 years old) with the Defendant’s Samsung C (n, and 26 years old)’s jumal ju on the second floor of the said company against his will, in which the Defendant’s Samsung Gallon’s jumal jum was melting the victim’s sexual humiliation; and (b) taken the body part of the Defendant’s jum

9. By December 12, 199, video images were taken against the victim’s will that could cause a sense of sexual humiliation by the same method six times in total, such as the statement in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, C, and F;

1. A report on the results of analysis of digital evidence;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused becomes a person subject to registration of personal information under the main sentence of 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 agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to conclude that the registration of personal information and participation in sexual assault treatment lectures are effective to prevent recidivism.