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Reasons
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(영문) 대구지방법원 김천지원 2013.11.06 2013고단1058
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 13, 2013, at around 09:49, the Defendant: (a) discovered a female victim under his/her name who was fright at the Kimcheon-dong Spacheon, Kimcheon-si, and caused his/her sexual humiliation, thereby causing a sense of sexual humiliation by using his/her cell phone, and (b) taken the back flab, such as his/her am, which may cause a sense of sexual humiliation, against the victim’s will, as described in the list of crimes in the separate sheet of crimes, from around 107 to August 13:0, 2013, the Defendant taken a photograph of the after her flab, such as the am, of an unspecified female, who passed by the aforementioned method, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Report of investigation (to attach photographs of keeping suspect cell phones);

1. Application of each statute on photographs of damage;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Criminal Crimes (amended by Act No. 11556, Dec. 18, 201); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (No. 23 through 10

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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. Although there are many occasions of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, considering the victim's clothes, degree of exposure, etc., the victim's sexual humiliation or sense of shame does not seem to be severe, and the crime of this case is recognized and contradictory to the fact that there is no record of criminal punishment, etc., the punishment as ordered shall be determined by taking into account all the circumstances.

Judgment that is a sexual crime that is a personal information registration.

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