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(영문) 대구지방법원 김천지원 2016.05.18 2016고단101
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

At around 00:20 on December 13, 2015, the Defendant: (a) taken a dynamic image on the back of the studio B, the part of the victim C (24 years old) who was out of the stitch panty panty line, and the victim D (20 years old, 20 years old) who was in the panty panty line and the part of the victim D (20 years old, 20 years old) who was in the panty 102 panty line, with the Defendant’s juthm jum jum jum jum on the part of the Defendant’s 5 cellular phone.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including the occupation of camera photographs and each victim);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the nature of the crime is light of Article 16(2) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed during the Course of Education, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as indicated in the records and arguments, such as the fact that there is no punishment for the same kind of crime, the fact that there is no agreement with the victims, the fact that the victims have agreed to do so, and the defendant's age, sex, sex, environment, motive, means, method, and consequence of the instant crime, and the circumstances before and after the instant crime.

When a judgment of conviction is confirmed on the facts constituting a sex offense subject to registration and submission of personal information, the accused shall be 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, and the head of the police office having jurisdiction over his/her domicile shall be the head of the police office.

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