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(영문) 대구지방법원 2018.06.12 2018고단1907
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 16, 2017, the Defendant taken pictures of victims 16 times in total, as shown in the list of crimes in attached Form 16, from Escopers located in Daegu Jung-gu, Daegu-gu, using the mobile phone camera function of his phonephone 6 mobile phones.

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (related to replies on results of digital evidence analysis), detailed confirmation results of digital evidence analysis, and application of Acts and subordinate statutes on public notice as a result of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 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. Where a conviction becomes final and conclusive on each crime in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the sexual assault crime of this case, the Defendant’s disadvantage and anticipated side effects, prevention of the sex offense subject to registration that can be achieved therefrom, and the effect of protecting the victims, etc., personal information is considered comprehensively.

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