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(영문) 대구지방법원 2019.08.13 2019고단2456
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

On April 11, 2019, at around 03:11, the Defendant, within the “C” adult product room where the Defendant works in the Nam-gu Daegu-gu, Daegu-gu, a video screen taken by the victim D (a name, leisure, age 26) who was a customer by using the Defendant’s smartphone’s camera function, using a female self-defense body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against the will of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. A report on internal affairs (Attachment to a photograph by capturing a dynamic image), a photograph of dynamic image closures;

1. Application of Acts and subordinate statutes to police statements made to D;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to the registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 and Article 59-3(1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a competent

The Defendant exempted from disclosure or notification order shall comprehensively take into account the age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant’s entrance due to disclosure or notification order, the preventive effect of sexual crimes subject to registration to be achieved due to such order, and the effect of protecting the victims.

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