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(영문) 대구지방법원 2014.03.27 2013고단7114
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) took a photograph of the body of the victim, which might cause a sense of sexual shame by photographing the body of the victim, by photographing the body of the victim, who was locked by using a camera located in his mobile phone, in a knife, where it is impossible to know the trade name near the D Hospital located in Daegu-gu, Daegu-gu, on November 11, 2013, when he was locked with the victim, and a man who was unable to know the name of the victim was locked with the victim.” However, the Defendant taken the body of the victim, who could cause a sense of sexual humiliation by photographing the body of the victim, who was locked with the victim using a camera located in his cell phone.

2. From November 12, 2013 to June 16, 2013, the Defendant threatened the victim by transmitting the victim’s bridge photographs taken by the victim’s cell phone operator through the Kakakao Kakao Kakao facscam installed in his cellular phone located within Daegu-gu, Daegu-si, with the victim’s cell phone operator, and then transmitting the victim’s bridge photographs to the boms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on text messages;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras and Selection of Fines) and Article 283 (1) of the Criminal Act;

1. Articles 70 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. Where a conviction becomes final and conclusive with respect to the crime No. 1 in the instant crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such a person is subject to registration.

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