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(영문) 대구지방법원 2019.08.27 2019고단3231
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim B (n, 29 years of age) and a job partner.

1. On January 2018, the Defendant taken the part of the victim’s buckbucks, which might cause sexual humiliation or sense of shame, by setting up a cell phone (a model LG-SU760, serial number E) located in the (ju) D office in Yongcheon-si, Young-si, 2018, in a manner of attaching the victim’s book to tape under the victim’s book, and taken the part of the victim’s bucks, which might cause sexual humiliation or sense of shame.

2. At around 11:00 on April 3, 2019, the Defendant taken photographs of the victim’s buckbucks, which may cause sexual humiliation or shame at the above location, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints and police statements concerning B;

1. A report on the analysis of digital evidence;

1. Investigation report (digital siren results and motion pictures of victims);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Law No. 15156), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 15156), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 14(

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 Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 48(1)1 of the Criminal Act, the defendant is subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to a competent agency pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process of the crime in this case, and exemption from the disclosure order or notification order, employment restriction order.

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