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(영문) 대구지방법원김천지원 2020.12.09 2020고단765
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 February 5, 2020, at around 07:40, the Defendant, at the bus stops of the 'C' which are located in the Gandong-gun, around 07:40, the Defendant: (a) activated the video function of his cell phone camera in the victim D (n, 18 years of age, 18 years of age) who was waiting for buses; (b) took the cell phone as his hand; and (c) took the kne-kne-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-kel-k

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or sexual humiliation, against his will, using a camera, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. The routes of movement of suspects before and after crimes;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article on criminal facts and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) for which the choice of punishment was made;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation and Orders to provide community service and attend lectures

1. In light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to an order of disclosure or notification of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, it is determined that there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

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