logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.28 2017고단6082
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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

[criminal records] On August 23, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the Seo-gu District Court Branch Branch of the Daegu District Court on April, 2017, and the said judgment became final and conclusive on August 31, 2017.

[Criminal facts] On August 14, 2017, the Defendant taken the body parts of the victim, such as buckbucks, etc., who did not bring the bucks without the victim’s permission, using a cell phone with the function of Kameras, while having sexual intercourse with the victim D (n, 20 years of age) who dynasium and dynasium in Daegu-gu B, Daegu-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of Messenger communications between the victim and the suspect who submitted the Messenger) - call details;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of concurrent crimes after Article 37 of the Criminal Act), - Application of the list of relevant cases, and applicable statutes of the judgment;

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 first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Community Service or Order to attend a lecture;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the head of the competent police agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and sexual violence of this case, exempted from disclosure or notification order.

arrow