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(영문) 대구지방법원 2017.12.12 2017고단5794
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

On September 13, 2017, at around 17:15, the Defendant taken the body of the victim D (nives, dos) who reported the melting side by inserting Handphones with a camera function into the partitionss for women, and inserting Handphones with a camera function into the floor in the “Cpocks” located in Sinsan-si B, Sinsan-si.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A written statement of D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Report on investigation (verification, etc. of place of occurrence) - Photographs;

1. Application of report-related Acts and subordinate statutes as a result of analysis;

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

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 the facts constituting a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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, and is obliged to submit personal information to the head of the competent police agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which disclosure of personal information may not be disclosed.

Since it is judged, it is on the punishment of sexual crimes.

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