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(영문) 대구지방법원 상주지원 2020.02.18 2019고단360
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 23:00 on December 14, 2017, the Defendant taken the body of the victim D, in which the Defendant’s cell camera function was used by the mobile phone camera function of the Defendant, and the body of the Defendant was removed without putting clothes, such as shoulder, shoulder, etc., and part of buckbucks revealed.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (referring to taking photographs using camera, etc.) under the relevant provision on criminal facts;

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Code of the Suspension of Sentence (Consideration, such as the fact that a criminal act of a victim who is the spouse has been committed and caused to the crime of this case, the fact that no previous crime exists, and the fact that there has been no previous

1. Where a conviction becomes final and conclusive on each criminal fact stated in the judgment on the registration of personal information, etc. as to the exemption from order to complete a program (the suspension of sentence and failure to complete a program) under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspension of sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

The defendant's age, the type and content of the crime, the process of the crime, and the exemption from the disclosure and notification order.

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