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(영문) 대구지방법원 2016.03.22 2015고단6240
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

Around October 2015, the Defendant took a photograph of the victim E (M, 20 years of age) who was dead at the DNA conference located in Sinsan-si, Sinsan-si, and sexual intercourses with the victim E (M, 20 years of age), using mobile phone camera functions, in which the victim was aware of his/her sexual organ and put him/her into the Defendant’s sexual organ.

On November 6, 2015, at around 23:00, the Defendant taken the body of the victim by using mobile phone camera functions as the victim while having sexual intercourse with the above victim.

In this respect, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame through a camera twice against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (the seizure of suspected mobile phones and the appendix of photographs of victims);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each alternative fine for punishment (or punishment without reflectivity, previous conviction, etc.);

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. Articles 70 and 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 judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is 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, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the victim.

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