logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.12 2018고단2428
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the taken objects in question to the public.

그럼에도 불구하고, 피고인은 2017. 10. 10. 16:00 경 안산시 단원구 B에 있는 C 은행 내 ATM 기에서, 피해자 D( 가명, 여, 50세) 이 은행 거래 내역을 조회하고 있는 것을 발견하고, 옆에서 물건을 줍는 시늉을 하며 소지하고 있던

In June 27, 2017, the victim E (n.e., 23 years of age) who resides in the defendant's office window over 42 times from June 27, 2017 to the above day of the day-to-day, such as the list of crimes in the attached list of crimes, took a photograph of the body of the victim E (n.e., f., f., f., f., f., f. f. f. f. f. f. f. f. f. f

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D (tentative name), F, and E;

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

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Photographs of the scene of crime;

1. Investigation report (the result of evidence analysis);

1. A report on the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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 for the crime;

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. Social service businesses under Article 62-2 of the Criminal Act;

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

1. The registration of personal information of Art. 48(1)1 of the Criminal Act, as well as the confiscation.

arrow