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(영문) 대구지방법원 포항지원 2017.06.08 2017고단456
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 23, 2016, the Defendant discovered that the victim D (one, two years of age, 24 years of age) who was another tabled while drinking alcohol at the main point of “C” located in Northern-gu, Northern-si B at the port of 23:55 on September 23, 2016, she toward the public toilet behind the building at the above main point, and followed the victim.

had been in place.

By using Handphones, the victim's sexual flag part, etc. in which the victim's sexual side was reported in the partitions for women in the above toilet was taken.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation and shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E (tentative name);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.

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