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(영문) 대구지방법원 2021.02.04 2020고단5737
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2020, at around 16:48, the Defendant taken screen pictures using the cell phone camera of the Defendant, including the face, chest, and negative part of the victim C (V, 22 years of age) who locked exempted water at the residence of the victim C (V) in Gangnam-gu Seoul apartment, Seoul, by using the cell phone camera of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the head of a complaint, each police statement protocol on C and D, investigation report (SNS dialogue between the victim and the suspect)

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of a sentence for imprisonment with prison labor

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a conviction is finalized as to the facts constituting a crime in the judgment on the registration and submission of personal information under Article 62-2 of the Social Service Order Criminal Act (amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Welfare of Persons with Disabilities Act; and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the defendant is a person subject to registration of personal information under Article 43

The age, occupation, risk of recidivism, type of crime, motive, process, seriousness of the crime in this case, the degree of disadvantage the defendant suffers due to the disclosure order or notification order, and the preventive effect of sexual crimes subject to registration which may be achieved due to such order.

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