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(영문) 대구지방법원 서부지원 2018.08.28 2018고단525
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten 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 (man, 26 years of age, 10 years of age) and the victim B, and is not aware of it with the other victims.

On November 20, 2017, around 17:57, the Defendant: (a) taken a 86-time image of the victims using the Victim E (V) who had completed a private teaching institute located in Seo-gu, Daegu, Seo-gu, Seo-gu, and returned home to her home (n's age 15) with his/her school uniforms and walked with the Victim E (n's age 15), and followed the Victim E, who was on the ground and was going on the ground, and taken a photograph of the Victim’s body fat, from around that time to December 13, 2017, as shown in the daily list of crimes, from around 86 times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to B (tentative name), F (tentative name), and E;

1. Investigation report (the sequence 3, 4, 6, 12, 19 of the evidence list);

1. A criminal investigation report (Attachment to suspect-related video CDs);

1. Application of statutes on records of seizure and lists of seizure;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the crime of a sex offense subject to the registration of personal information under Article 48(1)1 of the Criminal Act, the crime is stated.

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