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(영문) 대구지방법원 2019.07.10 2019고단1605
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

The defendant is between victim B (year 21) and high school-friendly branch.

On March 8, 2019, the Defendant, at the shower room in Daegu Dong-gu C4, Daegu Dong-gu, 16:00, took photographs of the victim’s known body, after completing the movement with the victim, using his cell phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each report on internal investigation:

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

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The crime of this case on the ground of sentencing under Article 48(1)1 of the Confiscation Criminal Act is to be sentenced to the same sentence as the order of the defendant, taking into account the following factors: (a) the defendant taken the body of the victim by a mobile phone camera, and the degree of infringement of legal interests is not less than that of the defendant; and (b) the defendant has not received a letter from the victim until now; and (c) the defendant has led to the confession of the crime and has no criminal power in the same kind of

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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