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(영문) 대구지방법원 2014.02.13 2013고단6090
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 22, 2013, at around 22:00, the Defendant taken the part of the victim’s her her son, who could cause a sense of sexual shame by using the cell phone device of the Defendant located in the camera, when the victim D (here, 41 years of age) asked the Defendant to see his her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of photographs);

1. Article 13 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) on which the applicable Act on Criminal Crimes and the selection of punishment

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete program;

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 5 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the Defendant’s personal information to the head of the competent police office

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.

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