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(영문) 대구지방법원 2020.02.04 2019고단5561
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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 a victim B (n, 25 years of age) and an elementary school ward.

On June 25, 2019, at around 23:30 on June 25, 2019, the Defendant taken screen pictures of the victim's home located in Daegu-gu C, using smartphones of the victim with a camera functions.

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. The chief of the accusation and the police statement concerning B;

1. Application of investigation reports (related to the video submitted by the victim), and the Acts and subordinate statutes protecting the video images and photographs;

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 62 (1) of the Criminal Act;

1. Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act, the Defendant is subject to registration of personal information pursuant to 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the Defendant suffers due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the protection effect of the victim, etc.

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