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(영문) 대구지방법원 서부지원 2015.02.12 2014고단1718
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, in the first floor toilets of the "C" office building in Daegu-gun District, around 15:00 on July 2014, the suspect set up two mobile phones owned by the defendant in the state of video recording, and installed them in the open left-hand cleaning tool, and the victim D (the age of 28) viewed panty in the above toilets so that her panty is seen and her panty is seen to be seen as her panty in the above toilets.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Penalty against Criminal Crimes.

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. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to

The personal information disclosure order or notification order shall be comprehensively taken into account the defendant's criminal records, the contents and motive of the crime, the method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration to be achieved thereby, and the protection effect of victims, etc.

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