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(영문) 대전지방법원 2016.06.01 2016고단458

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 13, 2015, at around 22:00, the Defendant entered the victim E (n, 25 years of age) in the second floor of the D cafeteria building in Daejeon Sung-gu, Daejeon, in order to see the above-use side, and carried out a mobile phone camera app with the male toilet partitions, and recorded the victim’s string of the toilets.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, by using a mechanical device with a camera function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Analysis of the results of an on-site photograph, an internal photograph of a place of crime, or a photograph of a D cafeteria images taken together;

1. Application of seizure records and statutes concerning the list 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. 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. An unfavorable circumstance is that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is inferior, and the victim appears to have suffered a huge mental impulse, but the damage has not been recovered up to now, and the victim wanted to pay the penalty of the defendant.

The fact that the defendant is recognized as committing a crime and is against the defendant, and that the defendant has no record of criminal punishment is more favorable.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 43 of the same Act.