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(영문) 대전지방법원 2020.12.04 2020고단4040

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On April 29, 2020, the Defendant, in a male and female public toilet in Daejeon-gu, on April 23:11, 2020, performed the Defendant’s smartphone camera function, and the Defendant taken a picture of 40 years old by the victim C (e.g., female, 40 years old) through the above merculation.

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 protocol concerning the suspect examination of the accused;

1. A written statement prepared in C;

1. Photographss of the place of occurrence and CCTV-fags and CCTV-fags;

1. Application of the provisions of seizure records and seizure list 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 (amended by Act No. 17264 of May 19, 202), the 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 defendant taken a victim who is deemed to have a melt in the toilet, and the nature of the crime is bad: Provided, That the defendant's mistake is recognized as the initial crime and reflects it; the defendant paid 3 million won to the victim and agreed that the victim does not want the punishment against the defendant; the photograph taken is deemed to have been deleted immediately after it was discovered; the defendant's age, character and behavior, environment, motive, means and procedure of the crime; and all other circumstances, such as the defendant's motive, means and procedure of the crime, shall be determined as the order.

registration of personal information; and