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(영문) 대구지방법원 2014.12.11 2014고단4199
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one may photograph another person's body, which may cause sexual humiliation or sense of shame, by using a camera or other similar mechanism, against his will. However, the Defendant taken a crypt against the victim's will by using a cell phone camera from the victim D (n, 29 years of age), who was listed on the exit direction No. 11 in 2396, as of June 12, 2014, using a cell phone camera No. 2396, a subway No. 2, a subway No. 2396, an air carrier No. 2396, a cell phone No. 296, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to two copies of digital evidence analysis centers, CDs, etc.);

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

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (the suspended punishment: fine of KRW 3,00,000) of the suspended sentence is that the Defendant, despite his body in the teaching profession, has taken several parts in the teaching profession for a long time, including the instant crime, and thus, there is a high possibility of criticism.

However, it seems that the defendant had been able to lead a life in good faith without the history of criminal punishment prior to the instant case. It is too harsh compared to the instant crime because it is impossible to take teaching staff for the next ten years in accordance with the provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse if the defendant is sentenced to a fine or heavier punishment, because he/she is under mental treatment to solve mental problems, such as shock disorder, etc., that he/she has not distributed or stored photographs taken by the defendant, that he/she is well leading the defendant in the future.

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