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(영문) 대전지방법원 천안지원 2015.02.06 2014고단1460
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

Criminal facts

From around 15:00 to 16:30 on May 31, 2014, the Defendant taken the sex and clothes of the victim I (the age of 22) who had continued to work in Maart, in the body of the victim I (the age of 14), after inserting smartphones in 43 Mameras, into the Kameras case, and then inserting them into the Kameras, again putting them into the Kameras, and hiding the Kameras in the body of the victim H (the age of 14) who was hidden and shopping, and then taken the Mameras into the Kameras in the body of the victim I (the age of 22) who had continued to work in Mameras, and taken the Mameras in the body of 27 female victims whose name cannot be known, against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and H;

1. Application of cellular phone, image pictures, and photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include a very large number of victims for the sentencing, the contents that the photographer might seriously cause a sense of sexual shame of victims; Provided, That the same type of sentencing as the order shall be determined by taking into account all the factors of sentencing indicated in the pleadings, including the fact that the photographer is discovered at the site and smartphones are seized, and the photographer is not distributed to the public; the victim I and H are not distributed to the public; there is no criminal conviction against the defendant; and the defendant has not been committed any previous offense; and

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the accused 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 accused shall submit personal information to the head

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