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(영문) 대구지방법원 2017.09.26 2017고단4013
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 March 2017, the Defendant taken the image of the victims in the above toilets three times in total from the time to May 28, 2017, as indicated in the list of crimes, when the Defendant waits for women to enter the side partitions in Daegu North-gu World Women's Bab, Daegu-gu, Seoul Special Metropolitan City, and the victim was not injured, using the mobile phone attachment camera below the victim's mobile phone, and taken the image of the victims to view the side in the above toilets more than three times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Investigation report (Attachment to photographs of the place of occurrence of the case) - photographs of the place of occurrence;

1. Report on investigation (specific suspect) - Photographs; and

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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. 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 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 each of the facts stated in the judgment that constitutes a sex offense subject to 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 office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order is exempted from disclosure order and expected side effects.

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