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(영문) 대구지방법원 2019.06.13 2019고단1320
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is not aware of the victim (name, non-name, standing).

On March 6, 2019, between around 21:30 and around 21:40, the Defendant taken off the part of the victim’s legs, etc., which had been seated with a shorter fright in the front seat of the Daegu subway 1 line, using his smartphone camera.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Application of the police protocol protocol law to B

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

1. The main sentence of 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the duty to register and submit personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information in accordance with the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency

In light of the information disclosure order, the defendant's age, occupation, risk of recidivism, type, motive, process of the crime of this case, the degree and expected side effects of the defendant's disadvantage due to the above order, the prevention of sex crimes subject to registration that can be achieved thereby, and the protection effect of victims, it is judged that there are special circumstances where the defendant's personal information should not be disclosed and notified.

Therefore, sexual crimes.

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