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(영문) 대구지방법원 2017.07.04 2017고정305
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The defendant is a relationship with victims of a crime committed during the period of sight.

On September 14, 2016, in the D subway located in Daegu-gu, Daegu-gu, around 17:33, the body parts of the victim, such as the victim E (n, 24 years old)'s bridges, etc. in his front of Samsung J5 mobile phones, which may cause sexual humiliation, were taken three times against his will, such as taking three-time the victim's her mare and the part of the bridge, which might cause sexual humiliation of the victims over a total of 81 times, such as the list of crimes in attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

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

1. A report on the results of analysis of digital evidence;

1. Investigation report (the analysis of digital siren-related data) - Application of photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex crime before the crime of this case, and the fact that the registration of personal information alone leads to the effect of preventing the defendant from repeating the crime;

In the case where a formal trial is requested only by the defendant, the principle of prohibition of disadvantageous alteration is applied, and the defendant's age, occupation, family relationship and social relationship, and the contents and circumstances of the crime in this case.

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