beta
(영문) 대구지방법원 2017.09.12 2017고단3468

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 18, 2017, at around 20:35, the Defendant: (a) laid off the first floor of D underground floor D in Daegu-gu, Daegu-gu, in front of the Defendant’s display stand; (b) laid off the cell phone at the Defendant’s Southern-gu, clifors, cellular phone boxes, and ready boxes, galloned and fixed the height of S8 mobile phones by inserting the gallon and controlling the height thereof; (c) took the back of the victim E (e.g., 18 years old), the victim’s buckbucks, and the victim F (n., 18 years old), taken ju7 mobile phones owned by the Defendant, with the victim’s gallon.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each statement of E and F;

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

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of results of digital evidence analysis), investigation reports (Attachment of CCTV images at the scene of crime);

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 on each crime in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and sexual violence of this case, exempted from disclosure or notification order.