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(영문) 대구지방법원 포항지원 2020.04.08 2019고단1672
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

From April 2019 to May 5, 2019, the Defendant found the victim’s clothes at the home of the victim C (n, 31 years of age) located in South-gu, Southern-gu, B at a time without any time, and taken photographs of the victim’s back panty spanty spanty spanty ties by using the victim’s cell phone photographing function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement of the accused in part of the first trial record (the assertion that such recording is not against the injured party's will);

1. Each police suspect interrogation protocol regarding D;

1. Each police statement of C and E;

1. Statement of seizure of each police;

1. Report on domestic arrival, complaint, note, note, F and Kakakakao Stockholm dialogue, content of the conversation between the suspect and the Kakakao Stockholm, record, recording CD, tape-recording, tape-recording and tape-recording, opinion, text-recording data, diagnosis records, digital evidence analysis report, Kakakao Stockholm message photograph, record, record, record, CD, digital evidence restoration data, digital evidence analysis result replies, contents of the Kakakao Stockholm conversation, output of restoration results, and emergency medical services log;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Acts concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of imprisonment;

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The victim, who became aware of the crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act, was committed with the great mental impulse and commit suicide.

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