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(영문) 대전지방법원 2015.08.26 2015고단1837
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 7, 2015, the Defendant, at around 22:10, tried to take a photograph of the cell phone located above the upper part of the body of the Defendant, in a male and female common toilet with the partitions of the Seo-gu Daejeon, Seo-gu, Daejeon, and the first floor space with the partitions, recognizing that the victim D (e.g., the age 21) entered the side of the body of the female common room immediately next to the female common room while in the male common room, and making a melting the cell phone located above the body of the Defendant’s common room with the upper part of the body of the Defendant, but failed to take the image of the victim’s common room with the wind that the victim was discovered.

As a result, the Defendant tried to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism. However, he attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report (Notification of results of digital evidence analysis);

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of statutes on field photographs;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1.The main points of the sentencing criteria shall not be applied.

2. Although the nature of the crime committed by the Defendant who was sentenced to the sentence is not good, considering the fact that the Defendant is divided and reflected in the crime, that the Defendant does not actually reach photographs, that the Defendant has no record of criminal punishment, that the Defendant needs to be given an opportunity to grow up to a sound social person as a university student at his age, and that the Defendant’s age, character and conduct, and environment.

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