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(영문) 대구지방법원 포항지원 2016.08.25 2016고단784
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 May 31, 2016, the Defendant was in possession of C University D Women's Toilets located in Nam-gu, Nam-gu, Nam-gu, Sinpo-si on May 31, 2016.

A female victim who is not aware of the name reported in the side partitions using a Handphone was exposed to her bum, etc.

Accordingly, the defendant taken photographs against another person's body who could cause sexual humiliation and shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Criminal Images);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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

1. Surveillance of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) the defendant has the same type of criminal records; (b) the defendant has no agreement with the victim or has not been repaid; (c) the recorded images appear not to have leaked to the outside; (d) the crime is committed once; (e) the crime is committed; (e) there is no record of punishment exceeding fines other than those subject to suspended execution on one occasion for another type of crime; and (e) there is no record of punishment exceeding fines other than those subject to suspended execution on one occasion prior to about ten years; and (e) other than each of the above circumstances, there is no record of punishment exceeding fines, such as Defendant age, sexual behavior, environment, and conditions before and after the crime, where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (b) the defendant

The defendant's age, occupation, risk of recidivism, and crime of an order to disclose or notify personal information.

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