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(영문) 대구지방법원 2016.08.09 2016고단2611
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

1. On February 1, 2016, the Defendant took photographs of the victim’s bridge 506 Maurher in Daegu-gu B, Daegu-gu, and the victim D (Woo, 19 years old) using the gaps containing this lock, using the cellular phone with the inner function.

2. On February 8, 2016, the Defendant taken pictures of the victim’s body using the rest in the victim F (F.M. 21 years of age) in the victim’s house located in Daegu Northern-gu E, Daegu-gu, and using the rest in the victim F.M. (F. 21 years of age).

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame over two times against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

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

1. Application of Acts and subordinate statutes to report internal affairs (referring to reporting on the results of analysis of digital evidence of personal phones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each of the selective fines for punishment (an expression of reflectivity, the victim's punishment is not available, the victim's voluntary volunteer service activities have been committed for a long-term period of time, the commitment of donation was made, and no record of criminal punishment has been committed);

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. Articles 70 and 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. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant 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 a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, seriousness of the crime, disclosure order or notification order.

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