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(영문) 대구지방법원 2018.01.30 2017고단6735
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 201 to September 201, the Defendant, within the train of Daegu subway No. 1 located in Daegu Metropolitan City, taken the Defendant’s LGV 20 mobile phone, and took a picture of approximately 24 seconds of the victim’s name non-fluor, a female fluor, who embly embling, by taking a short flac with a camera installed in the Defendant’s LGV 20 mobile phone, and setting up a bank, with a video.

2. On September 23, 2017, the Defendant, in front of the C cafeteria located in Suwon-gu, Daegu Metropolitan City, Daegu, on September 23, 2017, taken the part of the victim D (n, 43 years of age) with the short half of half of 5 seconds by using a camera installed in the Defendant’s LG V20 mobile phone, and taken the part of the victim’s bridge that the victim she was seated in the front of the C cafeteria, and taken as a photograph.

Accordingly, the defendant taken two times in total the body of the victims who could cause sexual humiliations or humiliations by using the camera or other similar devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

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

1. Report on internal investigation (Attachment to photographs of victims) - Victim photographs, internal investigation reports (Attachment to evidential video CDs);

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on each of the facts constituting 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.

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