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(영문) 대구지방법원 서부지원 2020.04.23 2019고단3618
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

At around 16:30 on August 28, 2019, the Defendant, in the 1st floor toilet column in Daegu-gu, Daegu-gu, C1st floor, in which the victim D (name, name, and inn) entered the side partitions, carried a mobile phone with a bottom of the partitions, and taken a screen image of the victim by using a mobile phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Police seizure records;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

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;

1. Article 62(1) of the Criminal Act (hereinafter “Reasons for the suspended sentence”) (i.e., the term “the grounds for the suspended sentence”)

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 on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal Act, the accused is 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, and the accused is obligated to submit personal information to a related agency under Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: (a) an order to disclose personal information; (b) the Defendant’s age, occupation; (c) the risk of recidivism; (d) the content and motive of the offense; (e) the method and seriousness of the offense; (e) the degree and anticipated side effects of the offense subject to registration to be achieved by

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