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(영문) 대구지방법원 2016.03.22 2015고단5547
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant taken video pictures using a smartphone camera with the victim's bucks and panty pans, after the victim's name was unbucked (influor) at 2015, No. C, 19:08, the 201.

From that time until 22:01 of the same day, the Defendant taken the body of the victims who could cause sexual humiliation or humiliation using smartphone cameras at least eight times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis of mobile phones;

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.

When comprehensively considering the Defendant’s 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 entrance 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, etc., personal information is subject to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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