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(영문) 대전지방법원 천안지원 2015.02.06 2014고단1578
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

At around 22:00 on July 20, 2014, the Defendant reported that the victim D (n, 20 years of age) entered the toilet into the toilet for male use of the above toilets, and recorded his smartphones into the room for female use with the gap between the partitions, and recorded his smartphones into the room for female use with the victim’s intent against the victim’s will, and taken the screen with the image.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as site;

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. 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 are contents that may cause sexual humiliations of victims to the extent of serious sense of sexual shames of victims; however, there is no material that photographs have been distributed to the public; the defendant has no previous convictions against him; and the defendant has been repented in depth after committing the crime; and all factors for sentencing specified in the arguments shall be determined the same as the order, taking into consideration the factors for sentencing.

Where a conviction becomes final and conclusive on a sex crime subject to the registration of personal information, 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 is obligated to submit personal information to the head of a competent police office pursuant to Article

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the prevention of sexual crimes subject to registration which can be achieved therefrom.

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