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(영문) 대구지방법원 2017.06.20 2017고단2091
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three 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 April 1, 2017, the Defendant discovered the victim E (n, 19 years of age) who was prior to the opening of the 2nd parallel stairs in Daegu Suwon-gu, Daegu-gu, about 15:30, and took a video recording for about 15 seconds of the victim, by inserting the cell phone owned by the Defendant, which has the function of photographing video, under the body of the injured party, and by inserting the cell phone owned by the Defendant, which could cause a sense of sexual shame.

After all, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mobile phone with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the crime of sexual assault of this case, disclosure order or notification order, anticipated side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order or notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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