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(영문) 대구지방법원 2017.10.17 2017고단3825
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 1, 2017, at around 04:00, the Defendant took a picture above the floor while drinking alcohol with the victim C (22 taxes) in front of the packaging horse near the Daegu Suwon-dong, a mobile phone camera image function of the Defendant, using the Defendant’s mobile phone camera image, leaving the body under the influence of alcohol and leaving the urine in the state where the victim sculpted with her sexual organ, leaving the body under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

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

1. A victim's photograph;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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. The crime of violation of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order constitutes the crime of photographing another person's body, which may cause a sense of sexual shame, against the latter's will, and the crime does not require any other requirement to be subject to sexual purpose;

According to evidence, it is recognized that the Defendant, at the time of the shooting of the instant case, knew that the victim was exposed to her sexual organ because she was written in her fore and was exposed.

'If a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, the accused 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 the head of the competent police office pursuant to Article 43 of the same Act.

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, the type, motive, process, disclosure order, or notification of the sexual crime of this case.

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