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(영문) 대구지방법원 2020.06.18 2020고정247
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On October 29, 2019, at around 20:35, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame using a mobile phone camera, by photographing the victim C (n, 21 years of age) who gets from the same city bus at the Daegu Dong-gu B, Daegu-gu, Daegu-gu, 2019, using his/her opphone camera as a screen, and taken the victim's body against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written (C) the protocol of seizure, the police statement of the list of seizure C, the report of internal investigation (Attachment of results of digital evidence analysis) and the application of Acts and subordinate statutes to the investigation report (as to the digital forensic analysis);

1. Relevant legal provisions on criminal facts and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ordered to participate in a selective order of fine

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction against a defendant is finalized as to the facts of a crime subject to registration, which constitutes a sex offense subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities,

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, and the degree of disadvantage suffered by the defendant due to the disclosure order or notification order, and the degree of disadvantage that can be achieved due to such order.

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