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(영문) 대전지방법원 2014.11.12 2014고단3126

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 June 14, 2014, at around 20:0, the Defendant taken the side of the bridge of the victim C (the age of 17) (the age of 17) who entered a short half of the Defendant’s cell phone by using the camera function located on the Defendant’s cell phone, within the bus No. 318, which is in operation of the ancient Station near the Yongsan-gu, Seo-gu, Daejeon.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s self-written statement;

1. Seizure records;

1. Digital analysis CDs;

1. Each photograph;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 70 (1) 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information, such as the initial offense of the reason for sentencing under Article 48(1) of the Confiscation Criminal Act and the fact that the victim has agreed to do so, the accused 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 accused is obligated to submit personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order and notification of personal information against the Defendant is considered as a special circumstance that may not be disclosed or notified.