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(영문) 대구지방법원 2014.11.13 2014고단4339
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 5, 2014, at around 16:55, the Defendant entered in the Clring room female toilets which the Defendant, located in the sixth floor of the Daegu North-gu building B, Daegu, as an employee,. The victim D (n, 21 years of age) entered the string, and the victim took the image of the Defendant’s smartphone, and tried to take the body of another person, causing sexual integrity, etc. against his/her will, but the body was not taken, and the Defendant attempted to take the body against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 (in cases of the inducement in a workhouse, 100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the suspended punishment: a fine of KRW 1,00,000) recognizes the Defendant’s erroneousness and reflects depth in sentencing; the victim has paid 2.7 million won as agreed money to the victim; the victim wants the Defendant’s wife; the crime of this case is committed against the attempted crime; the Defendant is the primary offender; the Defendant is the primary offender; the Defendant’s age, inclination, family environment, and circumstances after committing the crime, etc. are considered only once.

Where a conviction becomes final and conclusive on the crime of this case in which personal information is registered, 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

The defendant's age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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