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Reasons
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(영문) 대구지방법원 2019.01.25 2018고단4998
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

1. On October 14, 2018, at around 14:29, the Defendant: (a) followed by a female victim’s name unexploded with stairs listed in the “C” located in the middle-gu Daegu-gu B Underground 1st, Daegu-gu, and (b) taken a photograph of the victim’s body with smartphones having a camera function.

2. At around 14:31 of the same day, the Defendant: (a) followed the victim’s name-free female victim who was reporting books at the above “C,” and (b) recorded the victim’s body flag with smartphone function under the victim’s flag.

3. At around 17:23 of the same day, the Defendant: (a) followed the victim, who was reporting books at the above “C,” and (b) took two-time photophones with smartphone functions in the Defendant’s possession, following the victim’s 30 years of age; and (c) taken the part of the victim’s body.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to the internal investigation report (including a statement by a reporter and the confirmation of field CCTV), the capture photographs of field CCTV images, and the investigation report (attached to a suspect's mobile phone digital evidence analysis report);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The victims are significant in light of the method and attitude of the Defendant’s act of committing the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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