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(영문) 대구지방법원 김천지원 2019.09.04 2019고단612

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six 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 is a space between the victim B (the family name, the female, the age of 29) and the victim B.

1. On April 25, 2019, the Defendant taken the victim’s form of sexual intercourse using the Defendant’s cell phone camera function, even though the Defendant received a request from the victim to make a video marking at the former City/U.S. A.C. (hereinafter referred to as the “victim”).

2. On April 30, 2019, the Defendant taken pictures using the Defendant’s cell phone camera function against the victim’s will in a situation where the victim was unable to be aware of at the above location.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to the contents of DNA conversations), investigation reports (digital siren replys, etc.);

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, respectively;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in view of the fact that there is no criminal record of the same kind, the details of the crime, the attitude of the defendant, etc., it appears that the effect of preventing re-offending can be achieved through the registration of personal information and the taking of sexual assault therapy, etc., and the disadvantage and side effect therefrom are too large compared to the profits or

1. An order to restrict employment;