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(영문) 대구지방법원 2019.01.11 2018고단4665
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

1. At around 18:00 on September 1, 2018, the Defendant discovered a short horse in the street near the department store C in Daegu-gu, Daegu-gu, and found a female under the name of the victim, and followed the victim when the victim scams the stairs, the Defendant taken a smartphone (Aphone 5S) with the victim’s scopical function, which the Defendant was in possession of, from the back of, the victim’s back, using the victim’s scopical image.

2. At around 18:30 on the same day, the Defendant discovered a female infinitely infinited from the victim’s name, who suffered a short white finite in Daegu-gu D Underground shopping district, and used the said smartphones, emphasized the victim’s her her her butt, bridge, etc. and taken a her b

3. At around 18:40 on the same day, the Defendant discovered the victim E (at 20 years of age), who gets a short flag from the above D underground shop, and followed the victim, taken the victim’s flag in the victim’s flag image from the rear side to the above smartphone.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A report on the analysis of digital evidence;

1. Application of the investigation report (in relation to the confirmation of suspect mobile phone digital evidence analysis data), statutes;

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 have considerable sexual humiliation in light of the Defendant’s attitude of committing the instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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