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(영문) 대구지방법원 2014.06.19 2014고단1044
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant: (a) around 13:55 on November 13, 2013, at a 3rd female toilet of D University University Education College No. 2, Sinsan City, the victim E (n, 24 years old) entered a toilet; and (b) entered the body of the victim, who could cause sexual humiliation, etc., in accordance with the body of the victim, by inserting a cell device with a recording function on the toilet floor, and photographing the cell device with a recording function, into the toilet floor, and photographing the body of the victim, which could cause sexual humiliation, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of seven closure screen pictures to Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (a grace period: a fine of 500,000 won): (a) the defendant has lived in good faith before the instant criminal punishment without the history of criminal punishment; (b) the criminal investigation agency recognizes his/her mistake and reflects his/her fault and does not repeat again; (c) the defendant's family members also appeal to the defendant in good faith while leading the defendant in the future; (d) the victim expresses his/her intention that he/she does not want the punishment; and (e) the defendant is sentenced to a fine or heavier punishment as a student in college of education, and the defendant is sentenced to a fine or heavier punishment as a student in college of education, he/she would suffer a big disadvantage which would be unable to be employed in an educational institution for the next ten years pursuant to the provisions of the Act on Protection of Children

Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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