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(영문) 대구지방법원 2017.10.31 2017고단4641

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 5, 2017, around 21:53, the Defendant: (a) taken three female toilets with the main focus of “C” located in Daegu Jung-gu, Daegu-gu, on the third floor; (b) taken a three-dimensional wall with the three-dimensional wall of the female toilet; and (c) taken a part of the victim D (V, 19 years of age) having reported bucks using the phone 6 camera functions; and (d) taken bucks, as indicated in the list of crimes in the attached Form, from around 01:15 to June 6, 2017, the Defendant reported that the victim’s body part of the victim’s body part, such as bucks, using the phone 6 car functions; and (e) taken bucks over 22 times from the above female toilet to June 6, 2017 by the victim’s body part of the victim’s body part, such as bucks.

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. Statement made by the police against D;

1. E statements;

1. Voluntary submission of a protocol of seizure, list of seizure and list;

1. A criminal investigation report (Attachment of a photograph by cutting a photograph of a motion picture)-faging photograph;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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 (the first offender and reflect) of 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. Social service businesses under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the crime of violation of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is a person subject to registration of personal information under Article 43 of the same Act, and the defendant is a person subject to registration of personal information under Article 42(1) of the same Act.