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(영문) 대구지방법원 서부지원 2017.12.14 2017고단971
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

The defendant becomes aware of the victim D(n, 20 years of age) and online games, and he can return to a private game.

1. The Defendant’s taking of a photograph on December 1, 2016: or

2. The 5 mobile phone of his own son-gu, Daegu-gu, E 302, installed the 5 mobile phone below his son-phones, and taken the 5 mobile phone image of his son and the victim DNA by using the dynamic image shooting function of the above mobile phone.

2. Around December 12, 2016, the Defendant openly displayed the face of a sexual relationship, taken against the victim’s will, as seen above, in the Frop case using Nowon-gu at the same place.

As a result, the defendant taken and displayed sexually related parts against the victim's will that could cause sexual humiliation or shame by using the mobile phone image photographing function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. As a result of the analysis of digital evidence, the application of a report, a F-ray closure photograph, each CD, field photograph, investigation report (Evidence List 17) statute

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with 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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against a defendant is finalized in relation to the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 48(1)1 of the Confiscation Criminal Act, the defendant is 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same

The age, occupation, and crime of the defendant exempted from the disclosure order or notification order.

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