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(영문) 대구지방법원 서부지원 2018.11.29 2018고단1315
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six 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 April 8, 2018, the Defendant: (a) 04:35, the 1st floor of the Daegu-gu Building B and the 2nd floor in the male toilet space in the public toilets between the 1st floor of the building and the 2nd floor of the building, sent back to the victim C (n, 28 years of age) and sent back to the bar space next to the Defendant; and (b) taken a image image of the victim’s image towards the upper part of the toilet space where the Defendant was a person who damaged the 6-phone mobile phone camera that was owned by the Defendant.

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. Statement made by the police against C;

1. Investigation report (as to the confirmation of suspect mobile phone disposal place)

1. Application of the legislation in its opinion;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 4

In comprehensively taking into account the defendant's age, occupation, family environment, social relationship, previous conviction and recidivism risk, benefits and preventive effects expected by an order to disclose or notify the personal information, disadvantages and side effects resulting therefrom, etc. of the defendant exempted from an employment restriction order, there are special circumstances that may not disclose or notify the personal information or restrict the employment of the child-related institutions, etc.

Therefore, it is determined.

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