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(영문) 대구지방법원 경주지원 2021.03.31 2021고단1

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant's indictment on August 15, 2020 was made on August 17, 2020, but it appears to be a clerical error in light of the list of annexed crimes.

16:07 around 16:07, the victim's body was taken 16 times in total from around August 17, 2020, as shown in the list of crimes in the attached Form No. C Bath No. 9 in Busan, using a cell phone with a camera function. In addition, the victim's body was taken 16 times in total from around August 17, 2020.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera or other similar mechanism, against their will.

Summary of Evidence

1. Each statement of the defendant's legal statement D, E, F, G, and H;

1. Application of Acts and subordinate statutes to reports on the results of analysis of digital evidence of seizure records and seizure lists;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and an order to restrict employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the Defendant’s age, type and content of the crime, the process of the crime, the history of the crime, etc.) can prevent the recidivism of personal information even by issuing an order to register personal

Other disclosure notification order.