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(영문) 대구지방법원 2018.05.17 2018고단668

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 13, 2017, at around 15:59 and around 16:10 on the same day, the Defendant taken photographs of the victim’s spawp bucks and bucks, using the Defendant’s cell phone with the inner function, using the victim’s cell phone, who was female in whose name the flabs and carried the flabs and bucks in the Daegu Suwon-gu, Daegu-gu, Daegu-si, a total of twice times, and whose name the flabs cannot be known.

2. On October 13, 2017, the Defendant, at the fourth female toilets of the 4th floor of the Daegu Suwon-gu building E, Daegu-gu, and at the toilet space where the victim F (n, 28 years of age) was entered, taken a video image of the victim by inserting the Defendant’s portable phone with a camera function, and putting the Defendant’s portable phone with a camera function into the victim’s cell.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

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. 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 with respect to a crime of violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 the Defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.