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(영문) 대구지방법원 김천지원 2021.01.13 2020고단434
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four 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

On January 9, 2020, the Defendant, at around 04:00, took a video image of the victim D (Woo, 20 years old, and Ga), who became aware of the introduction of Ma-dong C, by activation of the video function of his cell phone camera, and took a video image of the victim who takes a shower in the state of body.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D (alias), E, and F;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

1. There are special circumstances in which disclosure of personal information is prohibited or employment is prohibited with juvenile-related institutions, etc. related to children and disabled persons, in full view of the defendant's age, occupation, risk of recidivism, type of crime, motive, process, disclosure order, notification order or employment restriction order of the defendant, the degree and expected side effects of the defendant's disadvantage and side effects, prevention of sex crimes that may be achieved therefrom, effects of protecting victims, etc. due to such order, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

Therefore, in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order, notification order, and employment restriction order are not imposed.

The reason for sentencing seems to be reasonable to have received the victim due to the crime of this case, but the defendant's mistake is recognized.

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