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(영문) 대구지방법원서부지원 2020.11.10 2020고단2242
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On November 13, 2018, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) in the Western Branch of the Daegu District Court on November 13, 2018 and completed the execution of the sentence in the Daegu Prison on May 18, 2019

【Criminal Facts】

No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, the Defendant, from April 23, 2020 to June 16, 2020, taken video images against the victim’s will, from the point of view of the subway station No. 2, subway station No. 15, the subway station No. 2, the subway station No. 2, the subway station No. 2, the Daegu Seo-gu, Daegu-gu, and from the victim’s cellular phone (S10, the three years old), the victim’s cell phone (the victim’s buckbucks, etc.) taken a short half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the year. From April 23, 2020 to June 16, 2020, as in the list of crimes

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame by using carmeras against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. A report on investigation into the 112 Report List (number 11, 12, 14, 15, 24, 25);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose and notify;

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