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(영문) 대구지방법원 서부지원 2019.06.13 2018고단3571
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for 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 December 23, 2017, from around 12:00 to around 15:00 on the same day, the Defendant obtained the consent of the Defendant on the condition that “C” in Jongno-gu Seoul Metropolitan Government “C” and “the victim D (the victim’s name, leisure, 27 years old) shall not be used for personal complaint and leaked,” and then taken the victim’s chests, sound, tamp, traw, etc. using the Defendant’s camera, and published eight copies of the victim’s body photograph in the Defendant’s open account (G) in the Defendant’s residence in Daegu-gun-gun E from March 26, 2018 to August 8, 2018.

As a result, the Defendant displayed a photograph taken of the body of the victim, which might cause sexual humiliation or shame, openly against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant admits his mistake from the investigative agency to the court, and again does not repeat the crime; the defendant restores considerable part of the damage, such as paying the victim a sum of 25 million won, and the victim does not want the punishment; and the defendant does not have any specific penal power, other than those subject to punishment once by a fine of two million won or more, around 2000);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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, the accused is obligated to submit

.personal information;

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