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(영문) 대구지방법원 2014.11.06 2014고단4561
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 August 3, 2014, the Defendant: (a) around 16:50, around the 2100 subway Station in Daegu Jung-gu, the Defendant attempted to take the Defendant’s cell phone behind the victim B (n, 23 years of age) who boarded an escalator in the open space of the newspaper; and (b) failed to take the Defendant’s cell phone 13 years of age in the open space of the 210 subway Station; and (c) failed to take the Defendant’s cell phone scam in front by using the video recording function of the cell phone 23 years of age; and (d) failed to take the Defendant’s cell phone scam in an attempted way, which

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. Application of Acts and subordinate statutes on mobile phone pictures;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment 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 recidivism, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the Defendant’s disadvantage and anticipated side effects resulting therefrom, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order is deemed to be a special circumstance that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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