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(영문) 대구지방법원 서부지원 2020.05.12 2019고단3284
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 6, 2019, around 23:30 on the 23:30th day of Daegu-gu, Daegu-gu B, and 2nd floor C, the victim D (n'e, 20 years old) entered the side partitions, and the victim took a video image of the image that the victim sees the side of the cell phone using the cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. A report on internal investigation (number 2);

1. A report on internal investigation (number 3);

1. A report on internal investigation (number 8);

1. Application of Acts and subordinate statutes of the report of internal death (number 9);

1. Determination of a fine by actively taking into account the relevant legal provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the selection of a fine (the defendant's recognition of his/her own crime and re-determination of a fine), the fact that additional damage is not likely to occur, such as leakage and distribution of images taken by the defendant, the fact that there is no criminal record against the defendant's punishment, and the fact that the defendant is a university student of his/her age);

1. Articles 70 (1) 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. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 information to a related agency under

An order to disclose or notify personal information, the age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime, and the order to disclose the information.

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