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(영문) 대구지방법원 서부지원 2018.11.13 2018고단2089
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment for eight months or two years of suspension of execution for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) in the Seoggu District Court’s Branch on April 12, 2018. The above judgment became final and conclusive on September 29, 2018 through the appellate court (Tgu District Court 2018 No. 1361).

No person constituting an offense shall take photographs of another person's body, which may cause sexual humiliation or shame, against his/her will, using a camera or other similar mechanism or apparatus.

Nevertheless, on July 13, 2018, at the front of the entrance of the Daegu-gu apartment B apartment, the Defendant taken videos against the victim’s will using his mobile phone (opon 6S, No. 1) of the Defendant’s mobile phone (opon 6S, No. 1) and taken videos against his/her will from around that time to July 17, 2018 by using his/her mobile phone (opon 6S, No. 1), and from around that time, the Defendant taken videos against the victim’s will during 11 times, as described in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who might cause sexual humiliation or shame by using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to C (tentative name);

1. Six copies of a photograph of the screen image taken by the principal;

1. A report on the results of analysis of digital evidence;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: A criminal investigation report (a confirmation among trials on the same kind of crime), judgment attached thereto, and application of Acts and subordinate statutes as a result of case search;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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