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(영문) 대구지방법원 2016.09.27 2016고단2680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On May 15, 2016, at around 00:20 on May 15, 2016, the Defendant: (a) opened the third partitions to view the use of the victim’s body from the female toilets of D 1st, Daegu Northern-gu, Daegu, about 00:20, the Defendant was aware of the victim’s body and attempted to cover the victim’s body by using the cell phone with the above camera function.

Accordingly, the Defendant attempted to take a photograph of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Domestic history report-including photographs of commercial buildings generated;

1. Application of Acts and subordinate statutes to a protocol of seizure (voluntary submission), list of seizure, voluntary submission, and waiver of ownership;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (or punishment for an attempted crime, such as reflectivity, violation of an attempted crime, and absence of a previous record);

1. Articles 70 and 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. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso of Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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