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(영문) 대구지방법원 서부지원 2018.05.03 2017고단2621
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

Until June 2017, the Defendant was in death with the victim B (n, 22 years of age).

On June 23, 2014, the Defendant taken pictures of the form of sexual intercourse with the victim using smartphones among the sexual intercourses with the victim in which it is impossible to identify the name near the D stopping place located in Daegu-gu, Daegu-gu, on June 23, 2014, and taken pictures of the victim's chests, chests, and part of the sexual intercourses, etc., which were contained in the list of crimes in the separate sheet of crimes, as shown in the separate sheet of crimes, from June 23, 2014 to August 11, 2015, the Defendant taken the body of the victim, who might cause sexual humiliation or humiliation in the same way five times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each photograph and message statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or attending a lecture, 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 is obligated to submit personal information to the competent agency pursuant to

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude that the registration of personal information and taking lectures for sexual assault treatment can result in the prevention of recidivism to a certain extent, and the type, motive, process, disclosure order, or notification order of the instant crime is likely to cause disadvantages to the Defendant.

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