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(영문) 대구지방법원 김천지원 2017.03.08 2016고단1549
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 16, 2016, at around 13:43, the Defendant taken the cell phone part of the Defendant’s cell phone in the Gumi Si E and 2 floor, with the screen image against his will, the part of the body part of the victim’s body, which may cause sexual humiliation and sense of sexual shame, having the Defendant’s cell phone part below the body part of the victim’s G (name, leisure, age 19).

2. On August 16, 2016, at the I entrance located in Gumi-si H around 13:57 on August 16, 2016, the Defendant taken pictures of the part of the body part of the victim, which was the body part of the body part of the victim, which could have come under the body part of the victim’s G, and may cause a sense of sexual humiliation, against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs and CCTV images CDs by capturing each CCTV course;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes and the selection of fines;

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. Article 70(1) and Article 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. The fact that there is a need to strictly punish the defendant for the prevention of sex crimes using the camera, which are rapidly increasing in the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the victim seems to have been suffering from considerable sexual humiliation, and the defendant is trying to have committed the same kind of crime over several occasions prior to the instant crime, etc. (Provided, That the prosecution has not been instituted, however, it is disadvantageous to the defendant).

However, the defendant is making efforts not to repeat the crime of this case, such as recognizing the crime of this case and receiving his own mental diagnosis and treatment, the defendant's primary offender who has no record of criminal punishment, and other age, sex, etc. of the defendant.

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