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(영문) 대구지방법원 2017.07.04 2017고단2995
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by imprisonment with prison labor for two months for each crime committed in the attached list No. 1 to 11. The list of crimes in the attached list of crimes.

Reasons

Punishment of the crime

[criminal record] On November 6, 2014, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) in the Seoggu District Court’s branch branch branch, and the judgment on November 14, 2014 became final and conclusive.

[2] On May 7, 2017, at around 16:52, the Defendant discovered a victim F (e.g., age 27) suffering a short fat from the subway E basin of subway No. 2 line D, Daegu Jung-gu, Daegu-gu, and stored the Defendant’s mobile phone with a video recording function in the front side of the victim’s right side, and taken a video image by inserting the said shopping bags under the part of the victim’s fat, by inserting the Defendant’s cell phone with a video recording function, on the top of the victim’s right side.

On September 13, 2014, from around 16:07 to May 7, 2017, the Defendant taken photographs of the body of victims against their will who could cause sexual humiliation using a cell phone with a camera function in the same way 72 times in total, such as the list of crimes in the attached Table, from around 16:07 to 17:04.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Attachment of a response to a result of digital analysis) - Report on the results of analysis of digital evidence of personal phones;

1. A report on investigation, and a report on investigation (in addition to data extracted from values at the time of sunset);

1. A list of crimes (a screen by the closure of a photographed video);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

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 for the crime;

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: Provided, That Article 39 (1) (the main sentence of Article 39 (1) (limited to crimes set forth in subparagraphs 1 through 11 each year of crime sight table as indicated in the judgment, and violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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