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(영문) 대구지방법원 2014.11.27 2014고단4768

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 25, 2014, at around 08:30 on July 25, 2014, the Defendant discovered that the victim E (the 24 years of age) was frighted in front of D in Daegu Northern-gu C, and taken the fright of the victim with a camera installed in a cellular phone device following the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis of mobile phones;

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

1. Articles 70 and 69 (2) 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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit the personal information of the Defendant to the head of the competent police office

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.