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(영문) 대전지방법원 2015.08.12 2015고단1267

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 2, 2015, at around 11:00, the Defendant took a photograph of the victim C (n, 19 years of age) by using the Defendant’s smartphone in the front bus stops located in the new world department store in the Dong-dong, dong-gu, Chungcheongnam-gu, Seoul.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement of the police officer, and D’s application of the law governing self-written statements;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not set for offenses subject to the sentencing criteria;

2. Considering the favorable circumstances, such as the fact that the nature of the crime of this case is likely to cause a considerable sense of sexual shame to the victim on the level of images taken by the defendant who was sentenced to the sentence, the crime of this case cannot be deemed to be good, but there is no record of the crime of this case, the fact that the defendant led to the confession of the crime of this case and without any record of the criminal records, the fact that the defendant shows light that the defendant does not exhibit or spread the videos taken by the defendant, and that the defendant needs to be given an opportunity to grow as a sound social person in the future as a university student, the punishment as ordered shall be determined by taking into account other factors such as the defendant's age, character

When the conviction of this case against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc.