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(영문) 대구지방법원 2016.08.09 2016고단2677
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant taken the parts of the body part of the victim E (V, the age of 31) located at a sales store using mobile phone camera before D located in Daegu Jung-gu, Daegu-gu, and then taken the body part of the victim E (V, the age of 31) against the victim’s will.

2. On January 2, 2016, at around 16:00, the Defendant taken off the fat of the victim F (n, 21 years of age) in front of the victim F (n, 21 years of age) using a cell phone camera from the open-end escalator No. 13 underground of the C Station No. 13 of the C Station, against the victim’s will.

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. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to photograph victims of damage and report on investigation (Attachment of photographs of victims of damage);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of each of the selective fines for punishment (or punishment, such as reflectivity, pain caused by dust from illness, and no record of criminal punishment);

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment on the 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 a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the subject of registration that can be achieved due to such order.

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