logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.11.23 2017고단980
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at around 14:00 on February 7, 2017, set up a small camera, which was prepared in advance in the second female toilets located in Northern-gu B, Northern-gu, Northern-si, B, as a screen screen, and then put it into a reception room installed inside the wall of the above toilet, and taken a photograph of the victim D (n, 43 years old) who used the above toilet, who took a seat of the above toilet, and who used it.

3. From the time of 20.20 to the time of the recording of the list of crimes, women were exposed to dynamics by the aforementioned method nine times in total, such as the list of crimes in the attached list.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a screen of the closure of evidence images);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure orders or notification orders, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such disclosure orders, the preventive effect of sexual crimes subject to registration, and the protection of victims.

arrow