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(영문) 대전지방법원 2014.06.25 2014고단1305
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 10, 2014, at around 01:37, the Defendant: (a) reported that the victim E (20 years of age, in female toilets located in Daejeon Daejeon-gu, entered the toilet room; and (b) tried to take the image of the victim’s urine with a cell phone camera.

The Defendant tried to photograph the form of the victim who sees the urine of the cell phone from the entrance door of the female toilet wherein the victim entered, and attempted to take the body of another person who could cause sexual humiliation or sense of shame on the wind where the victim did not take a sound, and the Defendant attempted to take the body of another person who could cause sexual humiliation or sense of shame against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information in consideration of the fact that the reason for sentencing under Article 48(1) of the Confiscation Criminal Act is about attempted crimes, the degree of damage, and the same kind of criminal records and they are against the obligation to register, 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 the defendant is obligated to submit personal

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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