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(영문) 대전지방법원 홍성지원 2014.04.11 2014고단101
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 February 1, 2014, at around 02:20 on 02:20, the Defendant taken the victim’s body against his will, with the knowledge that the victim D (n, 23 years of age) was under his/her own care and reported melting, using the Defendant’s smartphone camera, and taken the victim’s traw or other devices with similar functions, which could cause sexual humiliation or shame, using the camera or other similar functions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 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 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the image of a video file with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime of this case, etc., it seems that the defendant committed the crime of this case seriously against himself/herself while making a confession. However, the crime of this case appears to have been committed under the influence of alcohol. The crime of this case is likely to have been committed by the defendant. The defendant did not spread the file taken at the time of the crime of this case on the Internet, etc., and the defendant did not spread the file taken at the time of the crime of this case, and the defendant is the first offender without any criminal power, the punishment of this case shall be determined by taking into account all the factors favorable to the defendant, such as the defendant's age, character and behavior, and environment, motive, means and result of the crime of this case

shall be required to submit personal information.

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