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(영문) 대구지방법원 서부지원 2020.04.21 2019고단2886
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) against the victim's name in favor of the victim, who works as a part-time student at the C convenience store located in Daegu-gu B;

On September 13:14, 2019, at the above convenience point, the Defendant: (a) laid the Defendant’s 8 mobile phones between the Defendant’s slotferer and the launching floor so that the mobile phone camera faces the above; (b) taken the slocks by exposing it out from the victim’s behind the victim who was going to be a customer and was living with an object; and (c) taken the body of the victim, who could cause sexual humiliation or sense of shame, by continuously 13:17, taken the part of the victim’s body, which was under the front of the victim’s calculation unit, and which was 13:17, taken the part of the victim’s body, who could cause sexual humiliation or sense of shame.

2. Around 09:46 September 24, 2019, the Defendant taken the victim’s body against his will, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”) against the victim D (the age of 29), from the convenience point indicated in the foregoing paragraph (1) above, the Defendant taken the victim’s body, who could cause sexual humiliation or humiliation, under the front part of the victim, who was going to the front part of the settlement unit, and taken the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. A report on internal investigation (attaching a list of reported cases);

1. An investigation report (limited to the attachment of a photograph by cutting CCTV at convenience points);

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of results of digital evidence analysis results);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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

1. The fact that the Defendant under Article 62(1) of the Criminal Act recognizes the instant crime, and that there is no additional damage, such as leakage and distribution of images taken by the Defendant.

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