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(영문) 대구지방법원 김천지원 2019.10.11 2019고단740
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On April 9, 2019, at around 07:58, the Defendant: (a) taken the parts of the body body of the victims nine times in total from March 29, 2019 to April 9, 2019, by reporting that the victim D (the victim’s name, leisure, 13 years of age) is getting out of the escalator; (b) followed the victim; and (c) taken the body body part of the victim using the video function of the mobile phone camera; and (d) taken the body part of the victims on nine occasions in total, such as the list of crimes, from March 29, 2019 to April 9, 2019.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Each statement of D (alias) and F;

1. Statement of seizure of each police;

1. At least nine closure photographs of the seized dynamics;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for the Punishment of Sexual Crimes, the choice of imprisonment (which was discovered as the same crime around 2016 and was forwarded as juvenile protection cases. The victim suffers from mental suffering at the time and at the time of recovery

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

1. The main sentence of Article 62(1) of the Criminal Act (the main sentence of Article 62(1) of the Act on the Suspension of Execution (the period of suspension of execution does not have any previous conviction, which is not subject to the punishment of a child, and is against the law of mistake.)

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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