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(영문) 대전지방법원 공주지원 2019.02.15 2018고단533
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2018, around 20:31, the Defendant taken the image of the victim D (the victim D) using the mobile phone camera function in Sinju City, “C”, and the victim D (the victim D) using the mobile phone camera function in Sinju City, and taken the image of 27 times in total from June 15, 2018 to August 6, 2018, as shown in the list of crimes in the attached list of crimes, the Defendant taken the image of the victim D (the victim D) using the mobile phone camera function in Sinju City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Summary statement of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to internal investigation reports (verification, etc. of cellphone storage images), digital evidence analysis results, replys, storage CDs of seized articles (dynamic images, image diggings);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the choice of imprisonment with prison labor, each of the applicable provisions on criminal facts and the choice of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that the defendant should register and submit personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to the competent agency

The defendant's age, occupation, risk of recidivism, exempted from disclosure and notification orders;

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