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(영문) 대구지방법원 포항지원 2020.05.06 2019고단1741
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 16:00 on September 30, 2019, the Defendant taken screen pictures using the victim's cell phone shooting function in which the victim D (so, female, and family name) is viewed as a cundry toilet in North Korea-gu B, North Korea-si, North Korea-si, and the victim D (so, female and family name) was viewed.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using a mechanical device with a camera function against his will.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to toilets image taken by a suspect), ( results of digital evidence analysis meetings), (report on telephone conversations to persons in charge of digital sirens);

1. Relevant Acts concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders;

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

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act include both the motive and background of the crime, degree of damage, agreement with the victim, leakage and distribution of video images, the defendant's reflective attitude, criminal records, etc.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, and employment restriction order are exempted from disclosure and notification order.

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