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(영문) 대구지방법원 2018.01.16 2017고단6208
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 August 3, 2017, the Defendant, located in Daegu Northern-gu B, around 18:45, and in C Women's toilets, operated a dynamic image shooting function of a A5 smartphone device when galloned, the Defendant, who is an employee, d (n, 25 years of age) of the victim D (n, 25 years of age), and taken smartphones into this toilet, with the front space behind the toilet space.

As a result, the defendant taken the body of the victim 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. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Responses to the results of digital evidence analysis;

1. In the application of Acts and subordinate statutes of Chapter 1 to Chapter 1 to Chapter 1 to Chapter 1 of the Criminal Investigation Report (Attachment of Non-Korean and female toilets) - Two photographs inside and outside a toilet, two photographs inside and outside a female toilet, two photographs inside and outside a female toilet;

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. 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 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.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration and the effect of protecting the victims, etc.

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