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(영문) 대구지방법원 2020.06.09 2019고단6116

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for one year.

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

On March 31, 2019, at around 18:35, the Defendant: (a) taken the part of the victim’s bridge, etc. over a total of 107 occasions from around November 13, 2016 to March 18:35, 2019, using the cell phone function in the Defendant’s knee kne, leaving the Defendant’s cell phone, and trying to take the parts of the victim’s body with the Defendant’s cell phone image using the cell phone function on the Defendant’s knee knee kne, but the victim attempted to take the parts of the victim’s body with the Defendant’s kne kne kne ke kne, but the victim attempted to take the parts of the victim’s kne kne ke ke ke ke k.

Accordingly, the defendant taken or attempted to take the body of the victim who could cause sexual humiliation or shame of another person against his will, but did so.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, written statement of seizure and written statement of statement of the police about D;

1. Investigation reports (digital siren analysis), reports on analysis of digital evidence, and application of Acts and subordinate statutes governing the crimes;

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

A. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) (a) (a point of possession of photographs using camera lamps, etc.: a crime committed after December 18, 2018) and the choice of imprisonment, respectively,

B. 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; the occupation of each camera, etc. and the occupation of imprisonment with prison labor) (the crime committed before December 17, 2018) and each choice of imprisonment with prison labor

C. Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) (the occupation of attempted use and photographing of camera lights) and the choice of imprisonment

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

1. The punishment, etc. of sexual assault crimes under Article 62 (1) of the Criminal Act during the suspension of execution;