logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.07.25 2018고단2516
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

When seized gallons, 1 S4 (No. 1) shall be forfeited from the defendant.

Reasons

Punishment of the crime

The defendant is no longer aware of the victims.

On June 18, 2018, the Defendant, while drinking alcohol at “C” located in Daegu-gu Office B, Daegu-gu, 2018, had taken the victim’s body five times as shown in the attached list of crimes, by reporting that the victim’s D (at least 19 years of age) was working, using a smartphone camera, and that the victim’s bridge, traw, etc. was exposed to the victim’s body.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a report on investigation (fix a video photograph) and a report on investigation (verification of suspect photographic images);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Da15488, Apr. 2, 2006) provides that the victim whose personal information is confirmed shall recover a considerable portion of the damage, such as paying one million won to the victim D, and the victim does not want the punishment of the defendant; there is no criminal record against the defendant; there is no criminal record against the defendant; and there is no additional damage such as leakage and distribution of images taken by the defendant; and the degree of exposure to the victim’s body is relatively high.)

1. To be subject to the registration and submission of personal information under Article 48 (1) 1 of the Criminal Act;

arrow