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(영문) 대구지방법원 포항지원 2018.02.08 2017고단1508
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment with prison labor 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.

(e).

Reasons

Punishment of the crime

B The Victim C (I, I, 20 years old, I, B, I, and I, of nationality) and Escopic teaching.

Around May 20, 2017, at the "Ecom" located in Nam-gu, Nam-gu, Nam-gu, Sinpo-si, the victim had a sexual relationship with the victim, and the video was taken using his/her mobile phone with the device with the device with the device installed in the camera function. On July 22, 2017, the video was transmitted to the Defendant's mobile phone using the device "F", a smartphone display case.

On July 22, 2017, at around 22:0, the Defendant sent the victim’s cell phone images to the victim’s cell phone using “H”, which was sent by the victim to the victim, at the residence of Nam-gu G C Dong 203 and B, and which was in custody by the victim B.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement by each prosecutor with regard to C and I;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

1. An order to attend a lecture, disclosure order, or notification order: Article 16 (2) (proviso) and Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50 (1) (proviso) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime; the method and consequence of the crime; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order; the preventive effect of the sexual crime subject to registration; the effect of the protection of the victims thereof; and there are special circumstances in which the disclosure or notification of personal information is prohibited;

Since it is judged, the order to attend a lecture, the disclosure order, or the defendant.

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