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(영문) 대구지방법원 2020.01.15 2019고단3797
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 June 9, 2019, at around 21:43, the Defendant, at the Daegu subway No. 1, the Daegu subway No. 2 located in the Southern-gu, Daegu-gu, Daegu-gu, B, worked as a camera of the Defendant’s mobile phone from the victim D (n, 20 years of age), taken pictures against his/her will of the victims from June 8, 2019 to June 19, 22:52, and from June 19, 2019 to June 09:12, the Defendant taken the body of the victims who could cause sexual humiliation or humiliation using the Defendant’s mobile phone at least nine times in total, such as the list of crimes committed in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. 112 reported case handling table;

1. Seizure records;

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is committed by the defendant in consideration of the sentencing factors favorable to the defendant, such as the fact that the defendant has taken pictures of the body of many victims of mobile phone cameras, and that there is no significant reason for the crime, the confession of the defendant, the fact that the defendant has no record of criminal punishment, and the victim's agreement with the victim D ( January 6, 2020) that the above victim has not been punished against the defendant, etc., the sentence identical to the order of the defendant shall be imposed.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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