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(영문) 대구지방법원 서부지원 2018.04.12 2017고단1966
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, from around 18:00 to May 20:03, 2017 to around 20:03, the Defendant, in a ethnive room for women Ethngu-gun located in Daegu-gun, was installed in the clothes of the above women’s escape room, and taken screen pictures of the victim F (n, 18 years of age) who is an employee working in the above Ethrative group, taken a dynamic image to return this 13 times in total, as shown in the list of sights.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H, F, I, J, K, L, and M;

1. Photographss to cut a mermere images;

1. Application of each protocol of seizure and each list of seizure to statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a conviction becomes final and conclusive on the facts constituting the crime on which personal information is registered as stated in Article 48(1)1 of the Confiscation Criminal Act, 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 43 of the same

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude the registration of personal information and participation in sexual assault treatment lectures, which can result in the prevention of recidivism to a certain extent), and the type of the crime in this case.

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