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(영문) 대구지방법원 서부지원 2015.02.12 2014고단1856
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

Punishment of the crime

1. On September 20, 2014, the Defendant, around 09:40 on September 20, 2014, tried to photograph the victim’s name in a closed room with C4th floor located in Daegu-gu Office B, Daegu-gu, Daegu-gu, about Sept. 20, 2014, while the Defendant tried to conceal S3 mobile phones in small wave and operate a video lusium, thereby leaving the victim’s name in secret. However, the Defendant failed to achieve the intent that the Kamera was not good.

Accordingly, the Defendant attempted to take the body of others, which could cause sexual humiliation or shame, against his will, using a camera, and attempted to take the body of others.

2. On November 29, 2014, around 21:52 on November 29, 2014, the Defendant: (a) at the 1st floor women’s room of the 31st floor as indicated in paragraph (1) of this Article, the Defendant, using double-face tape, concealed the galthalthm thalthm lue with S3 mobile phones on the inside of the galthalm stalthm stalthm, carried out the galthroid of video and carried out the galthm d (n, 22 years old); and (b) taken the back d (n, 22 years old) of the victim, who laid the galth

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using or photographing a camera, etc.);

1. Selection of an alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, the accused shall be subject to the special Act on the Punishment, etc. of Sexual Crimes.

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