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(영문) 대전지방법원 2021.03.12 2020고단5596
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2020, at the bus stops near Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant found the victim D (tentative name, leisure, 31 years old) of the franchis in the car stops located in C, the Defendant laid the smartphone between the slicker reported by the Defendant and the slicker and the slicker reported by the Defendant, sealed the victim’s franchis into the bottom by using the slick function of the above smartphones.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Police seizure records;

1. Application of the statutes on the screen by cutting down the C CCTV images and by cutting off the CCTV images of the suspect escape dong line;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting the victims, etc. shall be comprehensively taken into account;

[Determination]

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Welfare of Persons with Disabilities Act;

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