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(영문) 대구지방법원 2014.02.27 2014고단15
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 27, 2013, around 17:17, the Defendant collected his own mobile phone from the E2th floor located in Daegu-gu D, Daegu-gu, and taken the panty, buckbucks, etc. of the said victim by putting his own cell phone into the pande of F (the age of 22).

In addition, from July 2013 to September 27, 2013, the Defendant taken photographs of another person’s body against his will, using the camera or other similar devices with a total of 163 times, such as the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Records of seizure and the list of seizure;

1. Investigation report (to attach data on results of the suspect A mobile phone digital evidence analysis);

1. Application of the Acts and subordinate statutes of photographs restored from suspect A mobile phone;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. Article 59(1) of the Criminal Act (limited to a suspended sentence: a fine of 3,00,000 won) of the suspended sentence (limited to 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) where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to the registration of personal information, the accused is a person subject to registration of personal information

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the punishment of sexual crimes shall be punished.

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