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(영문) 대구지방법원 2017.08.29 2017고단3276
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 27, 2017, the Defendant, at around 23:59 on May 27, 2017, recorded the Defendant’s mobile phone with the inner function in the toilet of the D 1st floor located in Daegu North-gu, Daegu-gu, Seoul-gu, in partitions, and recorded the Defendant’s mobile phone with the inner function under the partitions, and recorded the Defendant’s mobile phone with which the victim’s melts report on his/her use, whose name cannot be known.

After all, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mobile phone with a camera function against his will.

2. The Defendant, on May 28, 2017, tried to take a sexual part of the body that sees the sides of the victim E (the age of 25) in the said place in the same manner at around 00:59, May 28, 2017, but the victim tried to take a fluence of the body that sees the sides of the victim E (the age of 25) in the same manner, but did not have the intent but failed to take an attempted part of the body that enables the victim to take the cellular phone

Ultimately, the Defendant attempted to take the body of the victim who could cause a sense of sexual shame by using a mobile phone with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (the analysis of facts constituting digital evidence);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. Where a conviction becomes final and conclusive on each of the criminal facts stated in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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