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(영문) 대구지방법원 2018.06.27 2018고단2145
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

From around 23:00 on February 10, 2018 to 00:10 on the following day, the Defendant followed the walls of the “Cel” building located in Daegu Northern-gu B, and taken pictures of the victim D (25 years old) who is a guest with a cellular phone in the gap of open windows set forth in 202 of the Mour 202, and the sexual intercourse between the Defendant and his female-child ties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to victims D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to CCTV images (attached Nos 22 in the list of evidence);

1. Relevant Acts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes (Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;

1. The execution of sentence shall be suspended in consideration of the fact that there is no evidence that the images taken by both types of sentences under Article 48(1)1 of the Confiscation Criminal Act were spreaded, and that there is no record of criminal records of the same kind or of imprisonment with labor, on condition that community service and taking lectures are attached.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under 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

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, and the degree and consequence of the disadvantage of the defendant.

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