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(영문) 대전지방법원 홍성지원 2017.08.11 2017고단213
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On December 2, 2016, the Defendant discovered that the victim D (tentative name, leisure, age 29) entered the female toilet, and found that the victim D entered the first column of the female toilet, and then opened the cell in front of the first column of the female toilet, and opened the cell in front of the female toilet, and opened the bucks, the bucks, the bridge parts, etc. of the victim, which are 40 to 50 seconds, and the bucks, the bucks, the bridge parts, etc. of the victim in front of the 2016, around 16:56 on December 29, 2016, the Defendant taken them at around 40 to 50 seconds of the victim, and found that the victim E (name, 36 years old) entered the female toilet, and the victim 20 to 36 years old, the victim 40 to 30 children buck in the front of the female toilet.

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 to D or E;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions concerning criminal facts and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the selection of fines (the consideration of the fact that the defendant misleads and reflects his/her wrongness, the video recorded seems not to have leaked to the outside, and the fact that the video recorded is an initial offender);

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 the facts constituting 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.

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