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(영문) 대전지방법원 천안지원 2019.09.30 2019고단2017
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. At around 21:30 on May 30, 2019, the Defendant taken a photograph of the victim D (the age of 18) who d (the age of 18) who d (the age of 18) was in his/her side column by pressing a video camera of a opon XR mobile phone held in a public toilet in Asan City B, and then d (the age of 18).

2. The Defendant, at the same time and place as the above Paragraph 1, taken a photograph of the victim E (V, 19 years old) who entered the above D at the same time and place.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims;

1. The list of seizure;

1. Application of Acts and subordinate statutes, such as mobile phones and field photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) and (3) 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 judgment of conviction becomes final and conclusive on the criminal facts that constitute a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, inasmuch as it is a person subject to registration of personal information under Article 42(1) of the same Act, in view of the method of crime committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the age, place

Disclosure and notification order, the age, occupation, risk of recidivism, and motive of crime of the defendant exempted from employment restriction order.

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