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(영문) 대구지방법원 서부지원 2018.05.21 2017고단2346

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 31, 2017, around 03:13, the Defendant entered “C” in the male side column in Daegu-gu B B2, Daegu-gu, in a female-use toilet, containing smartphones owned by the Defendant, and taken a video recording of the victim’s name in which panty is panty and the melting side is reported. At around 21:30 of the same day, the Defendant taken a video recording of the victim’s body in the same manner as above at the same place in the same manner as the victim’s D (n, 19 years of age) or the victim E (n, 19 years of age).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame through a camera more than twice against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Results of analysis of digital evidence;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under the main sentence of 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 of the same Act.

The defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to conclude the registration of personal information and the number of sexual assault treatment programs.