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(영문) 대구지방법원 포항지원 2017.08.29 2017고단695
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 22, 2017, the Defendant was in possession of D3-story female toilets located in North-gu, North-si, North-si, North-si, North Korea on March 22, 2017.

From March 24, 2017 to March 241:05, 2017, four female victims of the same way, such as the list of crimes in attached Form 1:05, were taken by her amb, etc., which reported the side mar in the name of the female victim using the cellphone camera, from that time, from that time, the amb, etc. of the female victim was taken by her amb, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Investigation report (Attachment of a photograph of the images to the head of the relevant video), investigation report (Comparison and analysis of a report on the results of digital analysis);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure orders or notification orders, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such disclosure orders, the preventive effect of sexual crimes subject to registration, and the protection of victims.

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