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(영문) 대구지방법원서부지원 2020.11.26 2020고단1371
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 chief secretary of the department in C in the Daegu-gu B and the second floor.

At around 12:52 on December 6, 2019, the Defendant, at the X-ray shooting room located within the above C, made a hole from the opening of the EX, and then tried to take the cryp cam cam, which he prepared in advance, against the victim’s will, and tried to take the cambling of clothes against the victim’s will, but the victim’s attempt to take the cambling of the clothes. From around 2017 to December 6, 2019, the Defendant taken or attempted to take the camblings of the victims against their will during a total of 10 times from around 2017 to around 2009, such as the list of crimes in attached Form C, while the victims tried to take or take the cambling of clothes, etc. against their will.

Accordingly, the Defendant taken, against his will, the body of the victims who could cause sexual humiliation or shame by using carmera or other similar devices, and attempted to take, but attempted to take, the body of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning D, E, F, and G;

1. Police seizure records;

1. Application of the 112 Declaration Nos. 45,47 of the Investigation Report No. 45, and 47 of the 112 Declaration Report Report No. 26,31;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( point of attempted acquisition of cameras), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( point of use of cameras and photographing), the selection of imprisonment;

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

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant would not repeat the instant crime again, and that there is no additional damage, such as the fact that the Defendant received mental therapy until now after the commission of the crime, leakage and distribution of images taken by the Defendant, etc. In addition, the Defendant pays five million won each to the victim H, I, E, and D as indicated in the attached list No. 1,8, and 10 of the crime list.

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