logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2021.01.13 2020고단3327
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 9, 2020, around 20:54, the Defendant infringed upon the victim’s residence by entering the victim’s house in and around the house of the victim C (Woo, 21 years of age) located in Kimhae-si B, in order to steals the appearance of the victim’s clothes, the victim invadedd the victim’s house after gathering the victim’s body and cutting down the body.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including the distribution, etc. of cameras and other use, photographing, distribution, etc.) on July 22, 2020:06, the Defendant tried to photograph the body of the victim, who is the body of the victim, at the back of the house of the victim C (n't, 21 years old) as stated in paragraph (1) around July 22, 2020, after performing the Defendant's mobile phone image function, and tried to take the body of the victim, who is the body of the victim, in the state of body laying the cellular phone on the window, but was not

3. On July 9, 2020, the Defendant driven a Henetop car without obtaining a driver’s license from around 20:43 to around 22:06 of the same day on the front day of “E” located in Kimhae-si D to the same city apartment G-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. C The application of each internal investigation report (including, and accompanying documents, etc.) by the police statement protocol with respect to C, the list of seizure, the digital forensic investigation report, and the application of the statute to inquire into the disqualified results related to the unauthorized license;

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 319(1) of the Criminal Act concerning the selection of punishment, Article 15, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (the attempted use of a camera), Articles 152(1) and 43 of the Road Traffic Act (the occupation of unauthorized driving), and the selection of imprisonment, respectively;

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 on the suspended execution;

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive in regard to the criminal facts stated in the judgment that should be submitted with personal information under Article 48(1)1 of the Criminal Act, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.

arrow