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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1525
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 31, 2015, from around 10:25 to 10:34, the Defendant taken galgalgal gallon juthy in front of the elevator of 227, the second underground department of Samsung Galgalthy department, using one’s Samsung Galthrost, Samsung Galthrost, S4 smartphone in front of the elevator, and taken a dynamic image of the victim B (n, 22 years of age, Ga), the lower body of the victim’s body, chest, and the lower body of the victim’s body in the same way as the female was aboard the elevator.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to a digital evidence analysis report, a photograph of a screen image taken by a suspect before an elevator with the victim taken before the elevator (77 pages of evidence records);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the defendant's age, occupation, risk of recidivism, results of crime in this case, and the effect of the victim protection.

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