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(영문) 대구지방법원 2015.02.12 2014고단6703
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

At around 19:20 on June 19, 2014, the Defendant, from the 8th floor lecture room of the EAD located in Daegu Jung-gu, Daegu-gu, the Defendant: (a) taken a fluoric image of a telegraph, including a fluoria of a female victim on his name, who was sitting in the chair by using a mobile phone camera of the Defendant during English curriculum; and (b) taken a fluoric image from that time;

9. By December 22, a total of 21 times the body of an unspecified number of female victims, such as the annexed list of crimes, was taken.

Accordingly, the Defendant taken a dynamic image against his will to the body of another person who may cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to mobile phone digital evidence analysis report;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

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

1. Articles 70 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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit the personal information of the Defendant to the head of the competent police office pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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