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(영문) 대구지방법원 안동지원 2019.02.15 2018고단674
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for six 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

On July 21, 2018, at around 23:58, in order to photograph women's body, the Defendant intruded into the Cju shop located in A, Dong-si, and waited for committing a crime, after entering a studio partition around July 22, 2018, the Defendant attempted to take the body of the victim by inserting the cell phone with the string of the 26 years old lamera function, and inserting the cell phone with the string function of the studio lamera function, but the Defendant was not aware of the victim's body and attempted to take the body of the victim's body, but failed to bring the cell phone with the studio lamera function below.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on the results of field identification;

1. Application of investigation reports (specific as a suspect), investigation reports (additional relevance to a suspect), and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act with respect to the crime, the choice of punishment, and Articles 15 and 14 (1) (the attempted use of taking pictures, such as camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice 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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The nature of the crime is poor in light of the method of a planned crime committed with reason under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The victim seems to have suffered considerable mental suffering due to the crime of this case.

The Defendant did not receive a letter from the victim, and did not make any effort to recover from damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

There is no criminal record for the defendant.

The second damage caused by prisoners of war from photographs or videos after the crime has been committed against the attempted crime.

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