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(영문) 대전지방법원 2018.01.30 2017고단4435
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 15, 2017, the Defendant: (a) discovered the victim E (20 years of age) who was divingd within the “Druping room” located in Daejeon-gu Daejeon-gu, Daejeon-dong, Daejeon-gu; (b) discovered a part of the part, which appears to be between the Defendant and the victim’s half, using one cell phone unit in the Sink-gu, Dok-gu.

Accordingly, the defendant taken the body of the victim who may cause sexual humiliation or shame by using the Kamera function of the above mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Videos of evidence and photographs;

1. Application of Acts and subordinate statutes to entries in seizure records;

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

1. Article 70(1) and Article 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the method of photographing, frequency, and part of the sentencing, the agreement of the victim, the defendant's age, the initial crime, etc. Where the registration of personal information and the conviction of the defendant to be submitted are finalized, 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 the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, 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 protection effect of the victim, etc., the special circumstances under which the disclosure of personal information may not be disclosed.

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