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(영문) 대구지방법원 서부지원 2018.08.14 2018고단946
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 December 7, 2017, at around 19:48, the Defendant taken a video image using a LGV 20 mobile phone owned by the Defendant on the front side of the damaged party, in the side column of the victim D (28 tax) in a c male toilet located in Dong-si, Chungcheongnam-si, Chungcheongnam-si. B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Application of Acts and subordinate statutes to internal investigation reports (related to the verification of on-site CCTVs), suspect male toilets access pages, and photographs of the place of crime (C male toilets);

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under the main sentence of 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 pursuant to Article 43 of

The defendant was sentenced to a suspended sentence as a crime of forced indecent act committed on July 21, 2016, and was sentenced to a fine on April 13, 2017 as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.). In addition, the defendant was sentenced to a fine on April 13, 2017.

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