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(영문) 대전지방법원 2014.08.13 2014고단1592

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 08:30 on November 8, 2013, the Defendant: (a) boarded the train of subway No. 1045 in the Yongsan-gu, Seo-gu, Daejeon with a view to a view to the air station; (b) placed the cell phone into the right-hand part of the back-hand part of the back-hand part of the cell phone; (c) put the cell phone into the front-hand part of the back-hand part of the back-hand part of the cell phone; and (d) taken the back-hand part of the cell phone under the right-hand part of the victim C (V, 25 years of age) while driving the train of No. 1045, the Defendant taken the part of the victim by using the cell phone above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the above mobile phone camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

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. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, which is subject to Article 48(1)1 of the Criminal Act, the accused 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 competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information.