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(영문) 대구지방법원 포항지원 2014.05.15 2014고단131
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized No. 1 (USBCD) shall be forfeited from the accused.

Reasons

Punishment of the crime

The Defendant is a “stock company C” employee in Southern-gu B at port.

On December 12, 2013, the Defendant purchased 1 USB-type small camera at the Internet website, and around 15:40 on January 10, 2014, the Defendant sought to take a meltion by attaching the said small camera under the supervision of the said company’s public toilets, and then the victim D (V, 32 years of age) who is an employee of the said company, tried to take a meltion. However, the Defendant attempted to find the said small camera at the wind to view the meltion.

Accordingly, the Defendant attempted to take photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Fines);

1. A fine not exceeding one million won to be imposed and suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that no criminal records exist with respect to the accused, the crime of this case is committed in the attempted crime, the accused’s mistake is against himself, and the agreement

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal 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 age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the like.

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