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(영문) 대전지방법원 2020.04.10 2020고단259

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 15, 2019, at around 02:00, the Defendant, while entering the front partitions of male and female public toilets in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, operated the camera function of the cell phone in which the victim C (the name, the age of 25) came to enter, and recorded it above the upper part of the upper part, and taken the image of the victim's panty and panty in the front part.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C (tentative name);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to capture illegal photographing photographs;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the case was taken by the victim who is deemed to be melted in the toilet in front of the case, and the nature of the crime is bad. However, the defendant's mistake is recognized and against it, the defendant has no criminal records, the defendant has no criminal records of the same kind of crime, the defendant paid 5 million won to the victim and agreed that the victim does not want the punishment against the defendant, and all other circumstances, such as the defendant's age, character and behavior, environment, motive, means and procedure of the crime, circumstances after the crime, etc., shall be determined as ordered.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that a sex offense subject to registration is to be registered, the defendant shall obtain personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.