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(영문) 대구지방법원 안동지원 2021.01.27 2020고단535
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 January 11, 2020, at around 16:50, the defendant taken pictures of victims over 20 times from around 19:19 on December 15, 2019 to around 16:50 on the fourth male toilets in Daegu Dong-gu, C Center 3, the defendant used the gallon function of S9 mobile phones in the gallon road owned by the defendant, and put the hand under the bottom of the galle partition, including the sexual organs of the victim D (the remaining, 24 years old) who had been melted in the third column, as shown in the list of crimes in the annexed crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using devices similar to the camera, against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation in the D’s statement (Attachment to the 112 Report Processing), the processing table of the 112 Report, the internal investigation report (related to field CCTV), photographs, CD 1, investigation report (Attachment to the result of the analysis of digital evidence of smartphone), the report as a result of the analysis of digital evidence, the seizure of CD 1, and the application of statutes on the list of seizure;

1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) concerning criminal facts under the relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (elective selection of imprisonment with labor)

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the defendant’s age, family environment, family relationship, and social relationship with the defendant, as well as the fact that the defendant’s order for compulsory treatment of sexual assault and the restriction on employment could have an effect of preventing recidivism to a certain extent;

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