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(영문) 대구지방법원 서부지원 2015.11.19 2015고단1569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 17, 2015, the Defendant driven a 500-meter range from the 3rd-ro Don-Eup Don-si Gyeongbuk-gun Gyeongbuk-gun Gyeongbuk-do to the 3rd-ro Don-si Don-si Don-si Don-si Donbuk-gun Don-gun Don-si Don-si Don-si Don-don-si Don-don-si Don-don-don-don-don-don Don-don-don-don Don-don-don-do

2. A defendant, at around 21:11 on the same day, taken a photograph of another person's body against his will that may cause sexual humiliation or sense of shame, such as the body part of the victim D (the age of 16) who was suffering from short reflectivity using the camera function of the mobile phone, and taken a photograph of another person against his will, at least 21:1 on the same day as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Investigation report (related to the cell phone photographs of the suspect A);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing a camera, etc.) concerning the punishment of sexual crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Judgment that a sex offense subject to registration is subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act.

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