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(영문) 대구지방법원 서부지원 2018.08.16 2017고단2476
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 2, 2017, the Defendant discovered the victim D (20 tax , female, and family name) who was enrolled before the Defendant at the top of the opening line of the off-gu Escopter located in Daegu-gu, Daegu-gu, Daegu-gu, 2017. On August 22, 2017, the Defendant posted the victim’s 7 mobile phone from his own opon to the bend line of the victim’s scopon, and taken a dynamic image on the part of the victim’s scopon.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to CCTV closures;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under the main sentence of 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 competent agency pursuant to Article 43 of

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, benefits expected by an order of disclosure and notification, and adverse effects therefrom, and disadvantages and side effects therefrom.

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