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(영문) 대전지방법원 천안지원 2019.11.22 2019고단1795
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 12, 2019, at around 14:20, the Defendant taken a photograph of the victim’s bridge and the bridge using a cell phone camera in possession of the victim D (V, 36 years of age) who suffered from the original ice c and C’s third floor in the ice-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and the third floor.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and E;

1. Statement of police seizure;

1. Report on the results of digital evidence analysis;

1. Application of statutes on site and CCTV photographs;

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 62 (1) of the Criminal Act;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is not less light in light of the background and method of the crime of this case, the defendant committed the crime of this case without being aware of the fact that he had the record of criminal punishment for sex crimes, etc. Meanwhile, the defendant led to the crime of this case without being aware of the fact that he had the record of criminal punishment for sex crimes, and there is no way to grasp the personal image of the victim, such as the photograph of the photographic image, and there is no other material to view that the above image was disseminated in another place, and other circumstances revealed in the records and arguments of this case shall be determined as per

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment,

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