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(영문) 대구지방법원 김천지원 2019.07.10 2019고단382
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On January 24, 2019, at around 19:08, the Defendant: (a) followed by the victim D (name, leisure, age 29) who sets goods at the “C” store located in Kimcheon-si B, Kimcheon-si, 2019, stored his/her smartphone into the part of the victim’s hophones, and taken the part of the victim’s hophones by using the video function of smartphones.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant legal provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and the choice of a fine (the crime prosecuted and convicted shall be considered to include the following: (a) the only one case and the photographed images are not distributed; (b) the primary crime without any previous criminal record is the primary crime; and (c) the

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 (in view of the fact that there is no previous criminal record, the content of the crime, the attitude of the defendant, etc., it appears that the effect of preventing re-offending can be achieved through the registration of personal information, the completion of sexual assault treatment programs, the employment restriction order, etc., and the disadvantage and side effects therefrom are too high compared to the benefits

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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