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(영문) 대구지방법원 서부지원 2019.05.08 2018고단2866
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

The defendant is between the victim B (n, 27 years of age) and the victim with no one.

Around 01:00 on August 3, 2018, the Defendant discovered the victim's appearance through windows in front of the residence of the victim in Daegu-gun C Apartment, Daegu-gun, by using the Defendant's mobile phone device with the camera function, taken a video image of the victim's body, which had been abandoned by the victim, by using the Defendant's mobile phone device with the camera function.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on internal investigation (in relation to attachment of photographs of crime scene), report on investigation (in relation to data on analysis of cellular phone evidence of a suspect), report on investigation (in relation to video images taken by a suspect), and report on investigation (in relation to CCTV investigations into crime scene images);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.

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

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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code is the case where the defendant discovered the victim's house window and discovered the victim's inside string over the victim's house, and taken the victim's image, and there is a need for strict punishment against the defendant, focusing on the nature of the crime.

However, the fact that the defendant has recognized all the facts of crime, there is no record of punishment for the same or similar crime, the fact that the defendant has agreed with the victim, etc. shall be considered as favorable to the defendant, and other defendants.

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