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(영문) 대구지방법원 2015.12.22 2015고단5016
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 2015 to April 2015, the Defendant: (a) taken buckbucks, wucks and mucks, which may cause sexual humiliation or shame of the victim’s name, using the cellular phone’s camera function before the Daegubuk-gu store C convenience points; and (b) taken the victim’s sexual humiliation or shame against the victim’s will.

2. On June 17, 2015, at around 16:51, the Defendant taken pictures of the parts of the body part of the victim F (e.g., 17 years of age) against his/her will, using the cellular camera image function in Daegu North-gu, Daegu-gu, the Defendant used the cellular phone camera image function.

3. From July 2015 to August 8, 2015, the Defendant taken photographs of the parts of the body part of the body part of the victim, which may cause sexual humiliation or humiliation of the victim’s name, using the camera function of the cellular phone, against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Analysis report on digital evidence of mobile phones, report on internal investigation and application of Acts and subordinate statutes to the suspect;

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

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Order to attend lectures and community service sexual crimes;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused is 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 obligated to submit personal information to a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects.

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