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(영문) 대구지방법원 2018.01.30 2017고단6634
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23:00 on February 18, 2017, the Defendant taken the body of male victims using a camera attached to the 5 Smartphone (SM-N920S) from a male victim who was unable to know his/her name at the same time using a camera attached to the 5 smartphone (SM-N920S) and taken the body of a male victim from around that time to August 27, 2017, using a smartphone camera or the camera-type camera for a total of 14 times, as shown in the list of crimes, in which it is difficult to know the trade name in Busan Shipping Daegu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Protocols of seizure (voluntary submission), protocol of seizure and respective list of seizure;

1. A report on internal investigation (Attachment to the list of 112 reported cases), internal investigation report (Attachment to a photograph inside and outside the shower room of F5th floor), internal investigation report (Attachment to a camera-type camera photograph used by a suspected person for committing a crime), internal investigation report (Attachment to the F CCTV image data attached), investigation report (the victim's photograph confirmed by the Ramer-type camera card);

1. Answers of reports on results of digital evidence analysis and replies of results of digital evidence analysis;

1. Investigation report (to attach CDs to video files related to criminal facts as a result of Rabter-type camera digital siren and criminal facts), investigation report (to attach suspect's smartphone digital sirens and video file backups related to criminal facts) and the application of statutes governing the investigation report (to attach CDs to criminal facts);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (the occupation of taking photographs, such as cameras) and the selection of imprisonment with prison labor;

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. Article 16 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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