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(영문) 대구지방법원 경주지원 2017.11.29 2017고단693
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around July 2016, the Defendant took a photograph of the victim’s cell phone located in the house of the victim C 301 (M, 22 years old at that time) located in Samsung-si B, on the part of the Defendant’s cell phone located in Kameras, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (M, Kameras, etc.).

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

2. On June 30, 2017, the Defendant: (a) driven an E rocketing car under the influence of alcohol content of approximately 0.179% from a 30-meter section of alcohol to the front day of the instant quasi-construction at the port from the North-gu death in the north-gu at the port of Korea on June 30, 2017; (b) around 04:35, the Defendant driven an E rocketing car with alcohol content of about 0.179%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The application of Acts and subordinate statutes to the head of a complaint, investigative report (a photograph taken by the victim after the victim's death, his/her residence, etc.), investigation report (a document attached to the F dialogue which is given and received by the victim), investigation report (a document attached to the victim), criminal investigation report (a document attached to the suspect's identity), a statement report on the driver's circumstances of the principal driver, notification of the results of

1. Relevant Article 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 Aggravated Punishment (the occupation of taking photographs, such as cameras, the selection of fines), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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