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(영문) 대전지방법원 천안지원 2015.09.15 2015고단1163

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 20, 2015, around 16:05, the Defendant, at the 3 subway station of subway lines located in 102, according to the bankruptcy of Gangnam-gu, the Defendant, at the 102 subway station, established Samsung Galtha, which is located in the Kamera shooting function, Samsung Galtha, Samsung 4 smartphone, which is located in the Kamera, followed the victim’s name and unclaimed box (20 women in the 20th color string of the main yellow string), followed the victim’s name and unclaimed box (the victim’s 19th 1st 8th st st son of the main yellow st lust, and the leg part against his will.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of photographs of dynamic images, and reasons for not securing victims).

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.